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WOODSON v. MENDON LEASING CORP.

259 A.D.2d 304 (1999)

686 N.Y.S.2d 411

ZACHARY WOODSON, an Infant, by His Mother and Natural Guardian, TRACY WOODSON, et al., Appellants, v. MENDON LEASING CORP., Respondent, et al., Defendant.

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

Decided March 9, 1999.

Having previously prevailed upon their argument that Mendon was not a party to the default judgment against John Densby and that the action as against Mendon had been severed, thus enabling Mendon to conduct discovery and litigate the issues, plaintiffs are judicially estopped from now arguing that the default judgment against Densby should be given res judicata and collateral estoppel effect against Mendon (see, Madden v Corey...

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