Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
The Supreme Court properly determined that the plaintiff was judicially estopped from asserting a cause of action to recover damages based on quantum meruit. The doctrine of judicial estoppel provides that where a party assumes a certain position in a legal proceeding and succeeds in maintaining that position, he may not thereafter assume a contrary position...
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