1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 165 A.D.3d
  5. 165 A.D.3d 405 (2018)
 

HERMAN v. 36 GRAMERCY PARK REALTY ASSOC., LLC

652700/12. 7182A. 654067/12. 7182.

165 A.D.3d 405 (2018)

84 N.Y.S.3d 146

2018 NY Slip Op 06473

Rosemarie A. Herman et al., Appellants, v. 36 Gramercy Park Realty Associates, LLC, et al., Respondents, et al., Defendants. 36 Gramercy Park Realty Associates, LLC, et al., Respondents, v. Rosemarie A. Herman, Appellant.

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

Decided October 2, 2018.

Even if Rosemarie's quiet title claim is not barred by election of remedies or collateral estoppel, it is barred by judicial estoppel. That doctrine "prevents a party who assumed a certain position in a prior proceeding and secured a ruling in his or her favor from advancing a contrary position in another action, simply because his or her interests have changed" (Becerril v City of N.Y. Dept. of Health & Mental Hygiene, 110 A.D.3d 517

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases