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16483. ANONYMOUS, plf-ap, v. ANONYMOUS, def-res — Aronson Mayefsky & Sloan, LLP, New York (Allan E. Mayefsky of counsel), for ap — Cohen Clair Lans Greifer & Thorpe LLP, New York (Bernard E. Clair of counsel), for res — Order, Supreme Court, New York County (Ellen Gesmer, J.), entered May 4, 2015, which, to the extent appealed from, denied plaintiff wife’s cross motion for partial summary judgment declaring that a condominium apartment located at 195 Hudson Street is the sole and separate property of plaintiff under the terms of the parties’ prenuptial agreement, and granted defendant husband’s motion for temporary maintenance, modified, on the law, to deny defendant’s motion for temporary maintenance, and otherwise affirmed, without costs.

The parties executed a trust agreement that designates the parties, individually and collectively, as “Trustor” of a trust that purchased the apartment at issue. The agreement was not valid because the parties’ signatures were never properly acknowledged. We agree with the wife that the agreement, which is unenforceable, cannot be considered as evidence (Selinger v. Selinger, 44 AD3d 341, 342 [1st Dept 2007]). Nonetheless, issues of fact exist whether the parties intended to jointly own the apartment, and whether the husband was involved in any fraud in the preparation and execution of the trust agreement (see generally Ta Chun Wang v. Chun Wong, 163 AD2d 300 [2d Dept 1990], lv denied 77 NY2d 804 [1991], cert denied 501 US 1252 [1991]). Thus, upon the motion court’s invalidation of the trust agreement, it properly declined to decide whether the deed should be reformed to reflect the wife or both parties as the true owner (US Bank N.A. v. Lieberman, 98 AD3d 422, 423-424 [1st Dept 2012]).

 
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