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STEVENSON-MISISCHIA v. L'ISOLA D'ORO SRL

5355, 600122/07.

85 A.D.3d 551 (2011)

925 N.Y.S.2d 464

2011 NY Slip Op 5191

MARY STEVENSON-MISISCHIA, Appellant, v. L'ISOLA D'ORO SRL et al., Defendants, and ATLANTIC INTERNATIONAL PRODUCTS, INC., et al., Respondents.

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

Decided June 16, 2011.

The record reflects that USA's 2004 tax return stated that Atlantic held a majority shareholder interest in USA. However, plaintiff's argument that the tax return estops Atlantic from denying that it purchased the majority interest in USA is unavailing. A party to litigation may not take a position contrary to a representation made in an income tax return (Mahoney-Buntzman v Buntzman, 12 N.Y.3d 415

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