From Casetext: Smarter Legal Research

General Elec. v. Inter-America Mktg. Sys

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1995
220 A.D.2d 307 (N.Y. App. Div. 1995)

Opinion

October 19, 1995

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


The IAS Court properly invoked the doctrine of judicial estoppel to preclude those counterclaims dependent upon defendant's contention that plaintiff and its foreign subsidiaries were not separate entities since defendant successfully advanced the diametrically opposite position at the trial of plaintiff's claims ( see, Kimco of N.Y. v. Devon, 163 A.D.2d 573, 574-575; see also, Dennis' Natural Mini-Meals v. 91 Fifth Ave. Corp., 209 A.D.2d 262). However, the court erred in dismissing the third and fourth counterclaims since defendant alleged that not only the European subsidiaries but also plaintiff interfered with its contractual and business advantage. The contention is made directly against plaintiff and thus, is not dependent upon any particular relationship between plaintiff and its subsidiaries.

Concur — Sullivan, J.P., Kupferman, Williams and Tom, JJ.


Summaries of

General Elec. v. Inter-America Mktg. Sys

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1995
220 A.D.2d 307 (N.Y. App. Div. 1995)
Case details for

General Elec. v. Inter-America Mktg. Sys

Case Details

Full title:GENERAL ELECTRIC COMPANY, Respondent, v. INTER-AMERICA MARKETING SYSTEMS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 19, 1995

Citations

220 A.D.2d 307 (N.Y. App. Div. 1995)
632 N.Y.S.2d 554