ACOSTA v. YALE CLUB OF NEW YORK CITY


261 A.D.2d 261 (1999)

690 N.Y.S.2d 544

ISRAEL ACOSTA et al., Respondents, v. YALE CLUB OF NEW YORK CITY et al., Appellants.

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

Decided May 20, 1999.


Defendants' estoppel argument is improperly raised for the first time on appeal, and we decline to review it. In any event, were we to review, we would find that plaintiffs' claim that they were fired in retaliation for bringing the instant lawsuit is not precluded by an arbitrator's finding that plaintiffs' firings were justified by their refusal to return documents belonging to defendants that had come into their possession. Plaintiffs'

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