Freiman v. Freiman

OPINION OF THE COURT

Anthony L. Parga, J.

Motion by the plaintiff husband for an order pursuant to CPLR 3211 (a) (5), dismissing defendant wife’s four counterclaims on the ground that they are barred by the six-year Statute of Limitations (CPLR 213), is granted as to the first three counterclaims which seek to set aside the parties’ antenuptial agreement based upon duress, fraud and mutual mistake, and is denied, as a matter of first impression, with respect to defendant’s fourth counterclaim based upon the unconscionability clause applicable to antenuptial agreements contained in Domestic…