| Wong v Wong |
| 2011 NY Slip Op 05875 [86 AD3d 439] |
| July 7, 2011 |
| Appellate Division, First Department |
| Victoria Wong, Respondent, v Ricky Wong,Appellant. |
—[*1] Dobrish Zeif Gross LLP, New York (Steven A. Leshnower of counsel), forrespondent.
Order, Supreme Court, New York County (Ellen Gesmer, J.), entered November 16, 2010,which, after trial, dismissed defendant's affirmative defense on the grounds that he failed to provethe existence of a binding and valid prenuptial agreement between the parties, unanimouslyaffirmed, without costs.
Defendant failed to meet his burden of establishing that the fully executed prenuptialagreement at issue was ever delivered to him, thus such agreement was neither valid nor binding(Domestic Relations Law § 236 [B] [3]; Ross v Ross, 233 App Div 626, 637[1931], affd 262 NY 381 [1933]; 219 Broadway Corp. v Alexander's, Inc., 46NY2d 506 [1979]; Alsaedi v Ninth Ave.Realty, 2 AD3d 233 [2003]).
Moreover, defendant failed to meet his burden to prove the terms of any valid prenuptialagreement between the parties because no document purporting to be a true and accurate copy ofthe prenuptial agreement's terms was entered into evidence (see Schozer v William Penn LifeIns. Co. of N.Y., 84 NY2d 639, 645 [1994]).
We have considered defendant's remaining arguments and find them unavailing.Concur—Mazzarelli, J.P., Catterson, DeGrasse, Abdus-Salaam and RomÁn, JJ.