Appellate Division of the Supreme Court of the State of New York June 7, 2004 (Whitmore v. Whitmore)

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Suffolk County (Sgroi, J.), dated August 13, 2003, which denied his motion for summary judgment, in effect, dismissing certain causes of action based on a determination that the parties’ postnuptial agreement was valid and granting the plaintiffs cross motion to dismiss an affirmative