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MEYERS v. GELLER

194 A.D.2d 595 (1993)

599 N.Y.S.2d 72

Donald A. Meyers, Respondent, v. Fred H. Geller et al., Appellants. (And Another Title.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 7, 1993

Ordered that the order is affirmed, with costs.

The defendants contend that the complaint should be dismissed pursuant to the doctrine of judicial estoppel because the plaintiff apparently took inconsistent positions in this case and in a separate Federal action to recover an alleged over-payment of income taxes (see generally, Matter of Belfatto & Pavarini v Providence Rest Nursing Home, 182 A.D.2d 754; Anonymous...

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