In Tuchten v. Palazzola (10 Misc 3d 732 [Sup Ct, Queens County 2005]), a plaintiff injured in a motor vehicle accident brought a personal injury action against the defendant owner of the offending vehicle who asserted that its vehicle had been stolen prior to the accident. The defendant owner also argued that the doctrine of judicial estoppel barred the personal injury action because the plaintiff had filed an uninsured motorist claim against his insurer in which he recovered $25,000 as a result of the underlying accident. Although the trial court cited Kasmarski v. Terranova and Douglas v. Government Employees Ins. Co., it refused to dismiss the action on the ground of judicial estoppel because, "based upon the record before it, the pronouncements of both persuasive and binding judicial precedent, public policy, and 'general consideration[s] of the orderly administration of justice and regard for the dignity of judicial proceedings,' . . . the broad bounds of equity militate[d] in favor of plaintiff" (id. at 738). Among other things, the trial court in Tuchten found "cogent" the plaintiff's "arguments with respect to policy considerations in view of the language encompassed in the release and trust agreement, which appears to suggest that the claim was settled in contemplation of recoupment from any future payouts resulting from plaintiff's impending personal injury action" (id. at 737).