Legal Opinion · Dissent

Galetta v. Galetta

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

Decided June 15, 2012Published

1Dissent

Centra and Carni, JJ.

(dissenting). We respectfully dissent and would modify the order by granting plaintiffs motion to the extent that it seeks summary judgment determining that the parties’ prenuptial agreement is invalid and unenforceable. We agree with the majority that the prenuptial agreement was not properly acknowledged because the certificate of acknowledgment of defendant’s signature on the prenuptial agreement does not contain the information required by Real Property Law § 303, i.e., that the person taking the acknowledgment “knows or has satisfactory evidence[ ] that the person…

2Cases cited4 opinions

  1. Matisoff v. DobiNew York Court of Appeals · 1997
  2. D'Elia v. D'EliaAppellate Division of the Supreme Court of the State of New York · 2005
  3. Filkins v. FilkinsAppellate Division of the Supreme Court of the State of New York · 2003
  4. Gross v. RowleyAppellate Division of the Supreme Court of the State of New York · 1911

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