RUBINSTEIN v. SALOMON


46 A.D.3d 536 (2007)

849 N.Y.S.2d 69

STEVEN I. RUBINSTEIN et al., Appellants, v. JUDITH SALOMON et al., Respondents.

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

Decided December 4, 2007.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion to dismiss the complaint is denied.

In 1988, months prior to their marriage, Samuel Rubinstein and the defendant Judith Salomon executed an antenuptial agreement (hereinafter the agreement) in which they acknowledged owning certain premises as tenants in common and having granted life estates in the premises to each other. Pursuant to paragraph 7 of the agreement, the parties provided...

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