SMITH v. SMITH


263 A.D.2d 628 (1999)

694 N.Y.S.2d 194

EARL B. SMITH, Appellant, v. DEBRA L. SMITH, Respondent.

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

Decided July 8, 1999.


Cardona, P. J.

Plaintiff and defendant allegedly entered into an antenuptial agreement prior to their marriage on November 17, 1984. The agreement disclosed that the parties' signatures were acknowledged by Sandra E. Mac Cue, a notary public, on November 7, 1984 in Albany County. In January 1995, plaintiff commenced this action for divorce and sought enforcement of the agreement. Upon receipt of defendant's notice of appearance in the action, plaintiff moved to disqualify...

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