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BANKERS TRUSTEE COMPANY LIMITED v. FIRST MEXICAN ACCEPTANCE CORPORATION

273 A.D.2d 81 (2000)

710 N.Y.S.2d 880

BANKERS TRUSTEE COMPANY LIMITED, as Indenture Trustee, Appellant, v. FIRST MEXICAN ACCEPTANCE CORPORATION et al., Respondents, and SIDEK CREDITOR TRUST, Intervenor-Respondent. BANKERS TRUSTEE COMPANY LIMITED, as Indenture Trustee, Appellant, v. THIRD MEXICAN ACCEPTANCE CORPORATION et al., Respondents, and SIDEK CREDITOR TRUST, Intervenor-Respondent.

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

Decided June 13, 2000.

The motion court properly determined that plaintiff's acknowledgment of Nafin's status as subrogee of the Class A Note holders in the prior article 77 proceeding and Federal action precludes it from now taking a contrary position under the doctrines of judicial estoppel (see, Ford Motor Credit Co. v Colonial Funding Corp., 215 A.D.2d 435, 436) and informal judicial admissions (see, Koslowski v Koslowski, 245...

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