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SMITH v. WALSH-SMITH

1219, 1219A, 311784/07.

66 A.D.3d 534 (2009)

887 N.Y.S.2d 565

2009 NY Slip Op 7467

PHILIP J. SMITH, Respondent, v. TRICIA WALSH-SMITH, Appellant.

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

Decided October 20, 2009.

We reject defendant's contention that the prenuptial agreement is unconscionable. Given the clearly articulated waivers of rights upon divorce and the provision that defendant would receive a tax-free payment of $750,000 in the event of divorce more than 5 but less than 10 years after the marriage, we cannot say that the agreement is so unfair "as to shock the conscience and confound the judgment of any [person] of common sense...

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