Neither the doctrine of res judicata nor the doctrine of judicial or collateral estoppel applies to the issue of when plaintiff Gerald A. Niznick transferred his 25% share in the joint venture, because the parties did not previously litigate the issue, and defendants did not take the position that Niznick did not own shares after January 29, 2014 (see e.g. Ford Motor Credit Co. v Colonial Funding Corp.,
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