Martin v. Bixby

Appeal from an order of the Supreme Court (Egan, Jr., J.), entered March 3, 2006 in Columbia County, which granted certain defendants’ motions to dismiss the complaint.

In a prior action, Supreme Court (Hummel, J.) granted defendant Virginia S. Martin a judgment for $300,000 against plaintiff, her former husband, based upon the terms of their prenuptial agreement. Plaintiff’s motion for reconsideration was denied, and he failed to perfect an appeal. Plaintiff then filed for bankruptcy in an effort to discharge Martin’s judgment. When that proved unsuccessful, he next commenced this action…