OSWALD v. OSWALD

515519.

107 A.D.3d 45 (2013)

963 N.Y.S.2d 762

2013 NY Slip Op 2811

HENRY P. OSWALD, Respondent, v. VICTORIA A. OSWALD, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 25, 2013.


Attorney(s) appearing for the Case

Pro Bono Appeals Program, Albany ( Joshua L. Seifert of counsel), for appellant.

Bartlett, Pontiff, Stewart & Rhodes, PC, Glens Falls ( Karla Williams Buettner of counsel), for respondent.

ROSE, STEIN and EGAN JR., JJ., concur.


OPINION OF THE COURT

PETERS, P.J.

On October 29, 2005, plaintiff and defendant were married in a ceremony performed by a minister of the Universal Life Church (hereinafter ULC) in the Town of Jackson, Washington County. Three days earlier, the parties had executed an antenuptial agreement which, by its terms, was to take effect "only upon the solemnization of [the] marriage." Five years after the marriage, plaintiff commenced this action seeking a declaration...

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