Under the doctrine, sometimes called estoppel against inconsistent positions, a party may not take a position that is contrary to a position that, because its interests have changed, the party took in a prior proceeding. The doctrine applies only where, in the prior proceeding, the party secured a favorable judgment.
Binh v. Connelly, NY Slip Op 03956 (2d Dep't June 6, 2018)
Here is the decision.
