In re the Estate of Paterson

Order, Surrogate’s Court, New York County (Renee Roth, S.), entered July 31, 2008, which, to the extent appealed from, denied Sun Life’s motion for summary judgment, unanimously affirmed, without costs.

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 AD3d 43,…