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KOCH v. NAT'L BASKETBALL ASS'N, INC.

245 A.D.2d 230 (1997)

666 N.Y.S.2d 630

Ronald Koch, Respondent, v. National Basketball Association, Inc., et al., Appellants

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

December 30, 1997

The doctrine of judicial estoppel, which, in a bankruptcy context, bars a party from pursuing claims not listed in a bankruptcy proceeding that resulted in the party's discharge (see, Cafferty v Thompson, 223 A.D.2d 99, 102, lv denied 88 N.Y.2d 815), does not apply in the absence of a final determination in the bankruptcy proceeding endorsing the party's inconsistent position...

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