A party who assumes a certain position in a prior legal proceeding and secures a favorable judgment therein is precluded from assuming a contrary position in another action simply because its interests have changed. Here, the doctrine of judicial estoppel is inapplicable because the plaintiff did not receive a favorable judgment in the prior proceeding.
Under the doctrine of res judicata, or claim preclusion, a disposition on the merits bars litigation between the same parties, or those in privity with them, of a cause of action arising out of the same transaction or series of transactions as a cause of action that either was raised or could have been raised in the prior proceeding. Here, the docrrine is inapplicable because the 2013 action was dismissed for lack of standing, without reaching the merits of the foreclosure claim itself.
Capital One, N.A. v. Trubitsky, NY Slip Op 03492 (2d Dep't June 1, 2022)
