Legal Opinion

Oswald v. Oswald

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Peters, P.J.

On October 29, 2005, plaintiff and defendant were married in a ceremony performed by a minister of the Universal Life Church (hereinafter ULC) in the Town of Jackson, Washington County. Three days earlier, the parties had executed an ante-nuptial agreement which, by its terms, was to take effect “only upon the solemnization of [the] marriage.” Five years after the marriage, plaintiff commenced this action seeking a declaration that the marriage was void from its inception, and that the antenuptial agreement was thus unenforceable, because the officiant lacked…

2Cases cited18 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Vega v. Restani Construction Corp.New York Court of Appeals · 2012
  3. Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
  4. Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
  5. Mahoney-Buntzman v. BuntzmanNew York Court of Appeals · 2009

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