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MANHATTAN AVE. DEV. CORP. v. MEIT

224 A.D.2d 191 (1996)

637 N.Y.S.2d 134

Manhattan Avenue Development Corp., Appellant, v. Marvin Meit et al., Respondents

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

February 1, 1996

The IAS Court judicially estopped plaintiff from asserting the debt sued upon because of its failure to list the debt in an earlier bankruptcy proceeding it had filed, as required by 11 USC 521 (1). Plaintiff argues that even assuming that its position in the bankruptcy proceeding was inconsistent with its present assertion of the debt, the doctrine of judicial estoppel does not apply since the bankruptcy proceeding was dismissed...

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