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STEWART TIT. INS. CO. v. NEW YORK TIT. RESEARCH CORP.

10652. 651794/16. 595338/16.

178 A.D.3d 618 (2019)

2019 NY Slip Op 09373

Stewart Title Insurance Company, Plaintiff, v. New York Title Research Corporation, Defendant/Third-Party Plaintiff-Appellant. Newburgh Commons, LLC, et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne ( Jonathan R. Harwood of counsel), for appellant.

Joseph J. Haspel , Goshen, for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Singh, González, JJ.

The doctrine of judicial estoppel is inapplicable because NY Title has not obtained any relief based on any of its allegedly competing positions (see D & L Holdings v Goldman Co., 287 A.D.2d 65, 71-72 [1st Dept 2001], lv denied 97 N.Y.2d 611 [2002]; see also Angel v Bank of Tokyo-Mitsubishi, Ltd., 39 A.D.3d 368, 371 [1st Dept 2007]).

The common law indemnification claim...

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