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MELNIKER v. MELNIKER

8618, 651052/15.

170 A.D.3d 448 (2019)

96 N.Y.S.3d 57

2019 NY Slip Op 01650

Lawrence A. Melniker, Respondent, v. Eileen Melniker, Appellant.

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

Decided March 7, 2019.

The doctrine of judicial estoppel does not apply to plaintiff's 2011 affidavit in American Express Centurion Bank v Melniker (Sup Ct, NY County, index No. 113400/2008), and therefore does not prevent plaintiff from arguing that the parties' March 7, 2008 stipulation terminated upon discontinuance of the first divorce action in 2008, because plaintiff did not obtain the relief he requested in the motion supported by the affidavit (see MPEG LA, LLC v Samsung Elecs...

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