Legal Opinion
In Re the Estate of Greiff
New York Court of Appeals
Decided October 27, 1998PublishedCited by 45 opinions
1Opinion of the Court
OPINION OF THE COURT
Bbllacosa, J.
This appeal raises the question whether the special relationship between betrothed parties, when they execute a prenuptial agreement, can warrant a shift of the burden of persuasion bearing on its legality and enforceability. A party challenging the judicial interposition of a prenuptial agreement, used to defeat a right of election, may demonstrate by a preponderance of the evidence that the premarital relationship between the contracting individuals manifested “probable” undue and unfair advantage (Matter of Gordon v Bialystoker Ctr. & Bikur Cholim, 45 NY2d…
2Cases cited9 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Christian v. ChristianNew York Court of Appeals · 1977
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- Cowee v. . CornellNew York Court of Appeals · 1878
- Gordon v. Bialystoker Center & Bikur Cholim, Inc.New York Court of Appeals · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Bloomfield v. BloomfieldNew York Court of Appeals · 2001
- Colello v. ColelloAppellate Division of the Supreme Court of the State of New York · 2004
- Sepulveda v. AvilesAppellate Division of the Supreme Court of the State of New York · 2003
- Kessler v. KesslerAppellate Division of the Supreme Court of the State of New York · 2006
- Robinson v. DayAppellate Division of the Supreme Court of the State of New York · 2013
40 more not listed; retrieve them via the Exa API.