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You are here: Home1 / Civil Procedure2 / Judicial Estoppel Applies Only to Party Who Prevailed in Prior Proceed...
Civil Procedure

Judicial Estoppel Applies Only to Party Who Prevailed in Prior Proceeding

The First Department explained that the concept of judicial estoppel only applies to the prevailing party in the prior action:

Contrary to defendant’s argument, plaintiffs’ previous assertion of their own claim for contractual indemnification does not judicially estop them from denying that defendant is entitled to indemnification of attorneys’ fees under the agreement. The doctrine of judicial estoppel ” precludes a party who assumed a certain position in a prior legal proceeding and who secured a judgment in his or her favor from assuming a contrary position in another action simply because his or her interests have changed'” … . As plaintiffs did not prevail on their contractual indemnification claim, the doctrine of judicial estoppel does not apply… . Wells Fargo Bank NA v Webster Bus Credit Corp, 2014 NY Slip Op 00412, 1st Dept 1-23-14

 

January 23, 2014
Tags: First Department
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THE MINISTERIAL EXCEPTION DOES NOT PRECLUDE THIS HOSTILE-WORK-ENVIRONMENT ACTION BY EMPLOYEES OF A PRIVATE CATHOLIC HIGH SCHOOL; THE MINISTERIAL EXCEPTION PRECLUDES ACTIONS AGAINST RELIGIOUS INSTITUTIONS WHICH INTERFERE WITH RELIGIOUS DOCTRINE; THE ALLEGATIONS OF HARASSMENT BY SCHOOL OFFICIALS DO NOT INVOLVE RELIGIOUS DOCTRINE (FIRST DEPT). ​
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