S T A T E O F N E W Y O R K
________________________________________________________________________
1395
1999-2000 Regular Sessions
I N A S S E M B L Y
January 11, 1999
___________
Introduced by M. of A. MATUSOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the civil practice law and rules, in relation to time
limits for the commencement of causes of action relating to antenup-
tial and postnuptial agreements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 206 of the civil practice law and rules is amended
2 by adding a new subdivision (e) to read as follows:
3 (E) BASED ON ANTENUPTIAL OR POSTNUPTIAL AGREEMENT. 1. IN AN ACTION
4 BASED UPON AN ANTENUPTIAL AGREEMENT OR POSTNUPTIAL AGREEMENT INCLUDING,
5 BUT NOT LIMITED TO, AN ACTION CHALLENGING THE VALIDITY OF SUCH AGREE-
6 MENT, THE TIME WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE
7 COMPUTED FROM THE FOLLOWING, WHICHEVER SHALL OCCUR FIRST:
8 (I) THE TIME THE PARTIES NO LONGER RESIDE IN THE SAME HOUSEHOLD;
9 (II) THE TIME AN ACTION FOR DIVORCE OR SEPARATION IS COMMENCED; OR
10 (III) THE DEATH OF ONE OF THE PARTIES.
11 2. EQUITABLE DEFENSES LIMITING THE TIME FOR ENFORCEMENT, INCLUDING
12 LACHES AND ESTOPPEL, SHALL NOT BE LIMITED BY THIS SUBDIVISION. FURTHER-
13 MORE, THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO OTHER
14 INTRA-MARITAL CONTRACTS GOVERNED BY OTHER PROVISIONS OR RULES OF LAW.
15 S 2. This act shall take effect immediately and shall apply to actions
16 pending on or after the effective date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03967-01-9
.SO DOC A 1395 *END* BTXT 1999
Bill A01395
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