AM. MOTORISTS INS. CO. v. O'BRIEN-KREITZBERG & ASSOCS., INC.


234 A.D.2d 30 (1996)

650 N.Y.S.2d 171

American Motorists Insurance Company, as Subrogee of Iffland Kavanaugh Waterbury, P. C., Respondent, v. O'Brien-Kreitzberg & Associates, Inc., Appellant

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

December 3, 1996


Defendant may not invoke the doctrine of judicial estoppel to avoid the agreement it entered into with plaintiff's subrogor. The purportedly inconsistent positions taken by plaintiff's subrogor were not advanced against defendant, but rather against other parties in matters that were entirely separate from the underlying action herein and involved different plaintiffs, different locations, different accidents and, in one instance, unrelated contracts. Beyond this failure...

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