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RICONDA v. LIBERTY INS. UNDERWRITERS, INC.

2018-13835. Index No. 3655/12.

187 A.D.3d 1081 (2020)

131 N.Y.S.3d 170

2020 NY Slip Op 05961

Emma Riconda, Appellant, v. Liberty Insurance Underwriters, Inc., Respondent.

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

Decided October 21, 2020.

Ordered that the judgment is affirmed, with costs.

The plaintiff's contention that the Supreme Court erred in applying the doctrine of judicial estoppel to the facts of this case is without merit. Contrary to the plaintiff's contention, "application of the doctrine of judicial estoppel does not require entry of a judgment" (Matter of Hartsdale Fire Dist. v Eastland Constr., Inc., 65 A.D.3d 1345, 1346 [2009]; see Cobenas...

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