Elliott Scheinberg. Courtesy photo CPLR 213(2), Judicial Breach of Public Policy, Legislative Amendment Required: Part I
This two-part article provides a deep analysis of cases that ran afoul of legislative intent and held there is no statutory tolling of the limitations period when enforcement of a spousal agreement, which has been incorporated into and survived a judgment of divorce, is initiated by motion rather than by plenary action; effectively, thereby indefinitely extending the time to enforce.
October 13, 2021 at 11:00 AM
15 minute read
Legislative policy and societal interests underlying Article 2 of the CPLR require every claim to have an expiration date. The Court of Appeals has historically applied the principles of contract construction and interpretation to marital agreements (Graev v. Graev, 11 N.Y.3d 262 (2008); Meccico v. Meccico, 76 N.Y.2d 822 (1990); Rainbow v. Swisher, 72 N.Y.2d 106 (1988)), which includes the six-year limitations period in CPLR 213(2), "an action upon a contractual obligation or liability, express or implied."
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