Elliott Scheinberg. Courtesy photo CPLR 213(2), Judicial Breach of Public Policy, Legislative Amendment Required: Part II
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 14, 2021 at 11:00 AM
14 minute read
Part I discussed the First, Second and Third Departments' construction of CPLR 213(2), which indefinitely extends enforcement of marital agreements contrary to legislative policy and decisional authority.
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