71 Clinton St. Apts. LLC v. 71 Clinton Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*584Order, Supreme Court, New York County (Barbara Jaffe, J.), entered May 16, 2013, which, insofar as appealed from as limited by the briefs, denied plaintiffs motion for summary judgment on its complaint and dismissing defendants-respondents’ (hereinafter defendants) third, fourth, eleventh, and twelfth affirmative defenses, unanimously reversed, on the law, without costs and the motion granted.
Defendants are judicially estopped from arguing that the merger between nonparties Bank of Smithtown and People’s United Bank was not completed before plaintiff brought this foreclosure action (see e.g.…
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