Lieberman v. Lieberman

OPINION OF THE COURT

Phyllis Gangel-Jacob, J.

In this long-pending and much litigated matrimonial action, plaintiff husband moves for partial summary judgment dismissing defendant wife’s second counterclaim which seeks a judgment which rescinds and vacates in its entirety the pre*750marital agreement which the parties signed in 1980. Defendant wife’s cross motion which seeks certain discovery, expert fees and counsel fees has been resolved and withdrawn.

Plaintiff contends that an action for rescission of a prenuptial agreement is an equitable remedy which is controlled by a six-year Statute of…