The doctrine of judicial estoppel does not bar Booston from asserting that its lease with plaintiff expired after October 31, 2020, although it represented in the verified complaint and an affidavit in a prior Yellowstone action that the lease expired on that date, because Booston did not obtain a favorable ruling or judgment in the Yellowstone action as a result of that position (see e.g. Herman v 36 Gramercy Park Realty Assoc., LLC,
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35 W. REALTY CO., LLC v. BOOSTON LLC
9000, 653674/15.
171 A.D.3d 545 (2019)
98 N.Y.S.3d 169
2019 NY Slip Op 02831
35 West Realty Co., LLC, Respondent, v. Booston LLC, Appellant, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 16, 2019.
Decided April 16, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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