Opinion
October 30, 1995
Appeal from the Supreme Court, Suffolk County (Stark, J.).
Ordered that the order and judgment dated March 30, 1993, is affirmed insofar as appealed from; and it is further,
Ordered, that the order and judgment entered January 5, 1994, is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
In affidavits and in testimony, the appellant Richard Pellicane adopted the position prior to trial that he was the owner of an interest in the subject property so as to induce the Town of Southampton (hereinafter the Town) to make an advance payment to him as though he were in fact a condemnee. He is now equitably estopped from adopting an inconsistent position, and from denying his status of a condemnee to the detriment of the Town (see generally, Rosenthal v. Reliance Ins. Co., 25 A.D.2d 860, affd 19 N.Y.2d 712; Chatauqua County Fedn. of Sportsmens Club v. Caflisch, 15 A.D.2d 260; 57 N.Y. Jur 2d, Estoppel, § 48; see also, Lanzano v City of New York, 202 A.D.2d 378, 380; Donovan Leisure Newton Irvine v. Zion, 168 A.D.2d 373; Neumann v. Metropolitan Med. Group, 153 A.D.2d 888, 889; Borillo v. Beekman Downtown Hosp., 146 A.D.2d 734, 736; Karasik v. Bird, 104 A.D.2d 758).
We have examined the appellants' remaining contentions and find them to be without merit. Mangano, P.J., Bracken, Balletta and Hart, JJ., concur.