SMITH v. SMITH

1293, 350239/05.

66 A.D.3d 584 (2009)

888 N.Y.S.2d 14

2009 NY Slip Op 7682

DANIELLA SMITH, Respondent, v. RICHARD SMITH, Appellant.

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

Decided October 27, 2009.


At issue is the meaning of a provision in an antenuptial agreement providing that defendant "shall cause the cooperative or condominium which he intends to purchase, with his funds, as the primary residence of the parties to be held in joint names of the parties with right of survivorship." The court determined that it was unable to give effect to this provision as written, and that it required extrinsic evidence of the parties' intentions on this issue. After holding a nonjury...

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