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WEISS v. WEISS

10063, 306008/11.

106 A.D.3d 491 (2013)

964 N.Y.S.2d 529

2013 NY Slip Op 3426

HOWARD WEISS, Appellant, v. MARILYN WEISS, Respondent.

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

Decided May 14, 2013.

Plaintiff's claim for equitable distribution of the marital assets is barred by the parties' prenuptial agreement, which was made before the effective date of the equitable distribution statute and is valid and enforceable (see Domestic Relations Law § 236 [B] [3]; Carner v Carner, 85 A.D.2d 589 [2d Dept 1981]). The October 1972 agreement provides that each party "waives, releases, renounces and surrenders" any "rights...

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