PH-105 REALTY CORP v. ELAYAAN

656160/16. 11540A. 11540.

183 A.D.3d 492 (2020)

2020 NY Slip Op 02971

PH-105 Realty Corp et al., Appellants, v. Munzer Elayaan et al., Respondents.

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

Decided May 21, 2020.


The court improvidently exercised its discretion in failing to apply the doctrine of "tax estoppel." Under that doctrine, defendants' acts in filing corporate tax returns for the years 2010 through 2014, signed by defendant Elayan, which contained factual statements that plaintiff Jaber had a 75% ownership interest in Edgewater during that time period, and precludes defendants from taking a position contrary to that in this litigation (see Mahoney-Buntzman v Buntzman,...

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