Legal Opinion
Van Kipnis v. Van Kipnis
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 2007PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Gonzalez, J.
On this appeal we must decide whether a 1965 prenuptial agreement, which was executed by the parties in France and provides for a “separation of estates” property regime, is enforceable by the husband to preclude equitable distribution of the parties’ separately owned assets upon their divorce. The inquiry is complicated by the fact that the terms of the agreement appear inconsistent with the parties’ stated intent, as disclosed through extrinsic evidence. We find that because the unambiguous language of the agreement calls for each spouse to retain ownership…
2Cases cited13 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Reiss v. Financial Performance Corp.New York Court of Appeals · 2001
- Bloomfield v. BloomfieldNew York Court of Appeals · 2001
- DeJesus v. DeJesusNew York Court of Appeals · 1997
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3Cited by4 opinions
- Van Kipnis v. Van KipnisNew York Court of Appeals · 2008
- In Re Musicland Holding Corp.District Court, S.D. New York · 2008
- Buena Vista Home Entertainment, Inc. v. Wachovia Bank, N.A.District Court, S.D. New York · 2008
- Stawski v. StawskiAppellate Division of the Supreme Court of the State of New York · 2007