Legal Opinion · Dissent

Bloomfield v. Bloomfield

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

Decided March 22, 2001Published

1DissentFriedman, J.

On this appeal we are asked to determine the validity of a prenuptial agreement executed in 1969 by defendant Barbara Bloomfield. The majority concludes that the agreement is void because it waives defendant’s right to support, which a wife could not do under the version of General Obligations Law § 5-311 in effect in 1969, and suggests that, even if the agreement were not void, it is unconscionable as a matter of law. The majority further concludes that the Statute of Limitations was tolled during the parties’ marriage, so that defendant may seek to set aside the agreement notwithstanding…

2Cases cited27 opinions

  1. Greschler v. GreschlerNew York Court of Appeals · 1980
  2. Matisoff v. DobiNew York Court of Appeals · 1997
  3. Scheuer v. ScheuerNew York Court of Appeals · 1955
  4. In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976
  5. Pacchiana v. PacchianaAppellate Division of the Supreme Court of the State of New York · 1983

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