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MATTER OF ESTATE OF DeLORENZO

1442.

67 A.D.3d 494 (2009)

887 N.Y.S.2d 841

2009 NY Slip Op 08143

In the Matter of the ESTATE OF RITA DeLORENZO, Deceased. JOYA PATERSON et al., Respondents. SUN LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 12, 2009.

The estate's position on its attempt to void the annuity contract, which culminated in a settlement, did not judicially estop it from asserting its claim for the difference in the amount paid and the predecline value of decedent's investment since, among other reasons, it did not prevail in the earlier portion of the action (see HGCD Retail Servs., LLC v 44-45 Broadway Realty Co., 37 A.D.3d 43, 48 [2006]). Nor was the claim barred...

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