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MATTER OF THE NEW YORK TIMES COMPANY v. CITY OF NEW YORK FIRE DEPARTMENT

39 A.D.3d 414 (2007)

835 N.Y.S.2d 92

In the Matter of THE NEW YORK TIMES COMPANY et al., Respondents, and CATHERINE T. REGENHARD et al., Intervenors-Respondents, v. CITY OF NEW YORK FIRE DEPARTMENT, Appellant, and J. DOE, Intervenor-Appellant.

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

Decided April 26, 2007.

Petitioners' judicial estoppel argument is inapposite inasmuch as FDNY is simply maintaining the same legal position it took at an earlier stage of this proceeding (see D & L Holdings v Goldman Co., 287 A.D.2d 65, 71 [2001], lv denied 97 N.Y.2d 611 [2002]). At each juncture, FDNY has sought to protect the privacy interests of 9/11 victims' surviving family members in the...

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