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BLOOMFIELD v. BLOOMFIELD

97 N.Y.2d 188 (2001)

764 N.E.2d 950

738 N.Y.S.2d 650

MARSHALL BLOOMFIELD, Appellant, v. BARBARA BLOOMFIELD, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 2001.

Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman, L. L. P., New York City (Helene Brezinsky and Paul M. Talbert of counsel), for appellant.

Blank Rome Tenzer Greenblatt, L. L. P., New York City (Donald Frank, Norman S. Heller, Ilysa M. Magnus, Jennifer Falstrault and Margaret L. Canby of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

This case requires us to determine the scope and enforceability of a prenuptial agreement executed over 30 years ago. For reasons that follow, we hold that the agreement does not constitute a waiver of maintenance but must be reviewed by the trial court as to whether it is unconscionable.

The facts concerning the prenuptial agreement are largely undisputed. Plaintiff...

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