On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v. PCG REO Holdings, LLC, 2021 NY Slip Op. 01324, holding that a party’s claims, which were inconsistent with claims it successfully advanced in a different action, were barred by the doctrine of judicial estoppel, explaining:
Plaintiff’s claims arising from the sale of the mortgage loan secured by a property in New Jersey were properly dismissed as barred by judicial estoppel. Plaintiff procured a judgment in its favor as a result of the inconsistent positions taken before a New Jersey court, where it argued that it owned the $185,000 note and mortgage that listed the incorrect address due to a scrivener’s error, the note and mortgage were valid, and a satisfaction of mortgage was incorrectly filed.
(Internal quotations and citations omitted).
As this decision shows, courts have little patience with litigants who appear to take inconsistent factual positions.
Click here to subscribe to this or another of Schlam Stone & Dolan’s blogs.