Legal Opinion

Matisoff v. Dobi

New York Court of Appeals

Decided May 8, 1997PublishedCited by 88 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

Domestic Relations Law § 236 (B) (3) states that a nuptial agreement made before or during the marriage must satisfy three requirements to be "valid and enforceable in a matrimonial action.” First, the agreement must be in writing. Second, it must be subscribed by the parties and third, it must be "acknowledged or proven in the manner required to entitle a deed to be recorded.” At issue here is the validity of a written postnuptial agreement that was signed by the parties but not acknowledged. Because neither the statute’s unambiguous language nor its…

2Cases cited16 opinions

  1. Morris Cohon & Co. v. RussellNew York Court of Appeals · 1969
  2. Pacchiana v. PacchianaAppellate Division of the Supreme Court of the State of New York · 1983
  3. Rogers v. . PellNew York Court of Appeals · 1898
  4. In Re the Accounting of GoldbergNew York Court of Appeals · 1937
  5. In re the Estate of MaulNew York Surrogate's Court · 1941

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3Cited by88 opinions

  1. People v. SilburnCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Van Kipnis v. Van KipnisNew York Court of Appeals · 2008
  3. Angel v. Bank of Tokyo-Mitsubishi, Ltd.Appellate Division of the Supreme Court of the State of New York · 2007
  4. O' Connor v. CurcioAppellate Division of the Supreme Court of the State of New York · 2001
  5. Kessler v. KesslerAppellate Division of the Supreme Court of the State of New York · 2006

83 more not listed; retrieve them via the Exa API.

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