April 8, 2020

The doctrine of judicial estoppel.

On a prior motion, the plaintiff argued successfully that the escrow agreement was not sufficient restraint and that a preliminary injunction was required. He is barred from arguing now that the escrow agreement was the equivalent of the injunction.

Genger v. TPR Inv. Assoc., Inc., NY Slip Op 02165 (1st Dep't April 2, 2020)

Here is the decision.