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KESSLER v. KESSLER

33 A.D.3d 42 (2006)

818 N.Y.S.2d 571

LYNDA G. KESSLER, Respondent, v. JOHN A. KESSLER, Appellant.

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

July 11, 2006.

Attorney(s) appearing for the Case

Banks Shapiro Gettinger & Waldinger, LLP, Mount Kisco (Mona D. Shapiro of counsel), for appellant.

Kramer Kozek, LLP, White Plains (Barry Abbott of counsel), for respondent.

MILLER, J.P., GOLDSTEIN and DILLON, JJ., concur.

OPINION OF THE COURT

RITTER, J.

The monied spouse in this action, inter alia, for a divorce, seeks to overturn the Supreme Court's determination that it would be unconscionable to enforce the wife's waiver of her right to seek an award of an attorney's fee.

On June 4, 1996, four days before their marriage, the parties executed a prenuptial agreement making limited provision for the wife during the marriage and leaving her with little or nothing should...

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