07-7-6974 Bardza v. Clemente, App. Div. (per curiam) (8 pp.) Plaintiff appeals from the order dismissing his action against defendant, his former paramour, which sought a judicial declaration that he continues to have an interest in real property he at one time jointly owned with defendant. While plaintiff’s matrimonial action was pending, plaintiff feared that his estranged spouse would assert a claim against real property in Hightstown he acquired with defendant. Plaintiff transferred all of his legal interest in the property to defendant by deed dated February 19, 2000. According to plaintiff, at the time of this transfer he and defendant orally agreed that he would remain as an undisclosed partner and joint owner of the property. Plaintiff did not disclose his alleged interest in the Hightstown property in his subsequent bankruptcy petition. The appellate panel affirms the trial court’s determination that plaintiff’s claim was barred by the doctrine of judicial estoppel, based on its finding that the parties had entered into an unenforceable contract intended to mislead and withhold material information from the Family Part.
