Barnes-Levitin v. Levitin

In an action to set aside a prenuptial agreement, the plaintiff appeals from an amended order of the Supreme Court, Suffolk County (Santorelli, J.), dated November 6, 2013, which, upon converting the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) into a motion for summary judgment dismissing the complaint, granted the motion.

Ordered that the amended order is affirmed, with costs.

The Supreme Court granted the defendant summary judgment dismissing the complaint on the ground that the action was barred by the doctrine of judicial estoppel. We affirm, but on a different…