Dutcher v. Shaver

Appeal from that part of an order of the Supreme Court (Sackett, J.), entered March 16, 2006 in Sullivan County, which denied plaintiffs motion to dismiss defendant’s counterclaim.

In this divorce action, defendant asserted a counterclaim seeking the imposition of a constructive trust upon certain real property which had been owned by his family for generations and which his father and grandfather had conveyed to the parties jointly after their marriage. Citing a provision in the parties’ prenuptial agreement which provided that, upon divorce, all jointly held property would be divided…