The IAS Court correctly held the doctrine of judicial estoppel inapplicable to preclude defendant from asserting that the property was rendered valueless by the May 9, 1990 fire. The statement on which plaintiff asserts the estoppel was made by defense counsel in a motion subsequent to plaintiff's amendment of his complaint to seek damages arising from the March 30, 1990, and not the May 9, 1990, fire. Plaintiff made the decision to focus upon the March 30, 1990 fire of his...
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