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MORTON v. RIFKIN

278 A.D.2d 129 (2000)

718 N.Y.S.2d 39

ROBERT D. MORTON et al., Respondents, v. GILBERT RIFKIN, Appellant, et al., Defendants.

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

Decided December 19, 2000.

Neither plaintiff nor plaintiff's estate, upon succeeding the plaintiff, listed the decedent's interest in the corporations in either the bankruptcy proceeding initiated by the decedent, or in the probate proceeding. The estate, however, is not judicially estopped from claiming an interest in the corporations since the bankruptcy proceeding was dismissed without a final determination (see, Koch v National Basketball Assn., 245 A.D.2d 230

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