Appellate Division of the Supreme Court of New York, 2011

Wong v. Wong

Appellate Division of the Supreme Court of New York · Decided July 7, 2011

86 A.D.3d 439; 926 N.Y.2d 288

Cases that cite this one

3 later published cases cite this decision.

76-82 St. Marks, LLC v. Gluck (Appellate Division of the Supreme Court of New York 2017)
Weiss v. Phillips (Appellate Division of the Supreme Court of New York 2017)
Weiss v. Phillips (Appellate Division of the Supreme Court of New York 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*440Defendant failed to meet his burden of establishing that the fully executed prenuptial agreement at issue was ever delivered to him, thus such agreement was neither valid nor binding (Domestic Relations Law § 236 [B] [3]; Ross v Ross, 233 App Div 626, 637 [1931], affd 262 NY 381 [1933]; 219 Broadway Corp. v Alexander’s, Inc., 46 NY2d 506 [1979]; Alsaedi v Ninth Ave. Realty, 2 AD3d 233 [2003]).

Moreover, defendant failed to meet his burden to prove the terms of any valid prenuptial agreement between the parties because no document purporting to be a true and accurate copy of the prenuptial agreement’s terms was entered into evidence (see Schozer v William Penn Life Ins. Co. of N.Y., 84 NY2d 639, 645 [1994]).

We have considered defendant’s remaining arguments and find them unavailing. Concur — Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam and Román, JJ.

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