SCHOEMAN, MARSH & UPDIKE, L. L. P. v. DOBI


264 A.D.2d 572 (1999)

694 N.Y.S.2d 650

SCHOEMAN, MARSH & UPDIKE, L. L. P., Appellant, v. STEPHEN J. DOBI, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 9, 1999.


Plaintiff represented defendant in a matrimonial action and failed to request the Trial Judge to execute a certificate of acknowledgment of a 13-year old postnuptial agreement. The postnuptial opting out agreement had been executed in 1981, one month after defendant and his former wife were married; it was never acknowledged or certified as required by law (Domestic Relations Law § 236 [B] [3]). At trial of the matrimonial action, plaintiff argued on behalf of defendant...

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