Richards v. Richards

—Order, Supreme Court, New York County (Lewis Friedman, J.), entered on or about May 26,1995, which, in an action for divorce, determined that plaintiff wife is not barred from equitable distribution of defendant husband’s pension and retirement plans as a result of a prenuptial agreement in which she waived any claim thereto, unanimously affirmed, without costs.

We are in accord with the view expressed by the United States District Court, Southern District of New York in Hurwitz v Sher (789 F Supp 134, 137 [citing Treasury Regulation (26 CFR) § 1.401 (a)-20], affd for other reasons 982 F2d…