13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation: 13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document: 13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction: New York (state)
Effective Date: 2004-06-29
Original Source: https://www.courtlistener.com/opinion/6305035/13315-owners-corp-v-kennedy/ ↗

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Although the descriptions diverge, both petitioner and respondent identify the same apartment. The apartment is contained entirely on the first floor of the building; it simply has three levels on the first floor space it occupies. (See petitioner’s reply affirmation 11 35.) Using either petitioner’s or respondent’s description, a marshal would have no problem locating the apartment. In any event, the petition’s description of the apartment is nearly identical to the description of the apartment respondent used in his verified holdover petition against Holland. (Petitioner’s reply affirmation 11 34.) Judicial estoppel prevents respondent from making this argument.

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