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INSILCO CORPORATION v. STAR SERVICES, INC. OF DELAWARE

267 A.D.2d 143 (1999)

700 N.Y.S.2d 182

INSILCO CORPORATION, Appellant, v. STAR SERVICES, INC. OF DELAWARE, et al., Respondents. (Action No. 1.) STAR SERVICES, INC. OF DELAWARE, Appellant, v. INSILCO CORP., Respondent. (Action No. 2.)

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

Decided December 21, 1999.

The seller should not have been judicially estopped from enforcing the note by reason of its having given it a zero value in its bankruptcy schedule (cf., In re Kelley, 163 Bankr 27, 34). The Bankruptcy Court itself did not adopt this position when, upon consent of the parties, it awarded the buyer an offset against the face value of the note, and it also does not appear that the seller benefitted from such valuation (

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