In Kasmarski v. Terranova (115 AD2d 640 [1985]), the plaintiffs sustained personal injury when their vehicle was struck by a hit-and-run driver who was allegedly identified as the defendant. The plaintiffs subsequently began both a personal injury action against the defendant, who alleged that his vehicle had been stolen, and an uninsured motorist proceeding against their insurer. After a hearing, an arbitrator awarded the plaintiffs $10,000 against their insurer. The defendant subsequently moved for the dismissal of the personal injury action on the ground of judicial estoppel, and the Appellate Division, Second Department held that she was entitled to a dismissal on that ground. Having taken the position in the uninsured motorist proceeding that the defendant's vehicle had been driven without her consent, the appellate Court wrote, "plaintiffs may not now assume an inconsistent position and claim that at the time of the accident defendant's vehicle was being driven with her authorization" (id. at 642).