Matisoff v. Dobi

Judgment of the Supreme Court, New York County (Lewis Friedman, J.), entered March 10, 1995, which, inter alia, awarded plaintiff 40% of defendant’s enhanced earning potential and counsel fees and declined to enforce the parties’ postnuptial agreement, unanimously affirmed.

The appealed judgment deemed the parties’ marital property subject to the equitable distribution provisions of the Domestic Relations Law (Domestic Relations Law § 236 [B]). The parties had, however, entered into a postnuptial agreement pursuant to which they disavowed “any right, title or claim in and to the real and…