Madden v. Corey
Cases that cite this one
4 later published cases cite this decision.
- Bohn v. Tekulsky (Appellate Division of the Supreme Court of New York 2025)
- Simon v. Industry City Distillery, Inc. (Appellate Division of the Supreme Court of New York 2018)
- Kittner v. Eastern Mutual Insurance (Appellate Division of the Supreme Court of New York 2011)
- Woodson v. Mendon Leasing Corp. (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order, Supreme Court, New York County (Elliott Wilk, J.), entered March 13, 1997, which, upon reargument, adhered to a prior order of the same court and
Plaintiff seeks to recover on a guarantee issued by defendant in connection with two promissory notes in the combined principal amount of $48,000, plus 9% interest from their due dates of January 13, 1984 and December 31, 1985. In plaintiffs voluntary bankruptcy proceeding, he listed the notes and their face amounts, but represented that the total value of his personal property was $9,276.91. The trustee in bankruptcy was apparently convinced by plaintiff that the notes were uncollectible, because he did not seek to recover on them for the benefit of plaintiffs creditors. The doctrine of judicial estoppel, was appropriately applied to prevent plaintiff from now claiming the notes are valid and collectible, in light of the inconsistent position adopted by him in the bankruptcy proceeding (see, Environmental Concern v Larchwood Constr. Corp., 101 AD2d 591, 593; Payless Wholesale Distribs. v Alberto Culver (P. R.) Inc., 989 F2d 570, 571, cert denied 510 US 931). Concur— Milonas, J. P., Rosenberger, Nardelli, Wallach and Rubin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.