Sir Arthur Conan Doyle, the creator of Sherlock Holmes, once wrote, “When you have eliminated the impossible, whatever remains, however improbable, must be the truth.” The decision published by Justice Victor Alfieri of the Rockland County Supreme Court on Sept. 24th of this year, A.N. v. E.N., 14887-2010, NYLJ 1202572706134, at *1 (Sup. Ct., Rockland Cty.), might at first glance be viewed as merely another decision overturning an unconscionable prenuptial agreement. Closer examination, however, reveals a very curious decision.
The facts of the case are unique, and appear to support, more than anything, a conclusion that the prenuptial agreement at issue was the result of mutual mistake. Instead, Alfieri determined that the agreement should be set aside as not only unconscionable, but also as the result of duress and overreaching by the husbanda conclusion not actually supported by the case law as discussed in the decision itself. A review of the facts set forth in the decision supports the view that this determination is an anomalous example of rough justice.
Unusual Facts of the Matter
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