D.K. v. E.K., 2021 NY Slip Op 21014, 71 Misc. 3d 255, 140 N.Y.S.3d 684 (Sup. Ct.)
Jan 27, 2021OUTCOME: Prenuptial Agreement and Addendum was upheld.
Plaintiff’s motion for summary judgment to dismiss Defendant’s counterclaims seeking to set aside the parties’ May 28, 2008 Prenuptial Agreement and Addendum was granted. The Court found that Defendant ... voluntarily chose her counsel, was fully informed of her rights, and knowingly executed the Agreement despite believing it was one-sided. There was no evidence of fraud, duress, or overreaching by Plaintiff, and the Agreement’s terms, though favoring Plaintiff financially, did not shock the conscience. Consistent with New York’s strong public policy favoring enforcement of prenuptial agreements, the Defendant’s counterclaims were dismissed.
