Cioffi-Petrakis v. Petrakis, 103 A.D.3d 766 (N.Y. App. Div. 2013). · Go Syfert
Cioffi-Petrakis v. Petrakis, 103 A.D.3d 766 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 3 distinct courts.
Strongest positive: Carter v. Fairchild-Carter (nyappdiv, 2020-10-22)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Carter v. Fairchild-Carter
N.Y. App. Div. · 2020 · confidence medium
Accordingly, having reviewed the totality of the evidence at trial, we find that Supreme Court's determinations that the husband knowingly, purposefully and fraudulently induced the wife to sign the agreement and intentionally misrepresented the fair market value of the marital residence are amply supported by the record and, therefore, the prenuptial agreement was appropriately set aside as the product of fraud and/or overreaching ( see Cioffi-Petrakis v Petrakis , 103 AD3d 766, 767-768 [2013], lv denied 21 NY3d 860 [2013]).
discussed Cited as authority (rule) Humes v. Humes
N.Y. App. Div. · 2017 · confidence medium
“An agreement between spouses which is fair on its face will be enforced according to its terms unless there is proof of unconscionability, or fraud, duress, overreaching, or other inequitable conduct” (McKenna v McKenna, 121 AD3d 864, 865 [2014]; see Christian v Christian, 42 NY2d 63, 73 [1977]; Gardella v Remizov, 144 AD3d 977, 978-979 [2016]; Hof v Hof, 131 AD3d 579, 579-580 [2015]; Cioffi-Petrakis v Petrakis, 103 AD3d 766, 767 [2013]).
discussed Cited as authority (rule) Ku v. Huey Min Lee
N.Y. App. Div. · 2017 · confidence medium
“An agreement between spouses or prospective spouses which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability” (H of v Hof, 131 AD3d 579, 579-580 [2015]; see Christian v Christian, 42 NY2d 63, 73 [1977]; Cioffi-Petrakis v Petrakis, 103 AD3d 766, 767 [2013]).
examined Cited as authority (rule) Gottlieb v. Gottlieb (4×)
N.Y. App. Div. · 2016 · confidence medium
Most notably, Cioffi-Petrakis, a leading decision of the Second Department that my colleague does not cite, expressly held that “agreements addressing matrimonial issues have been subjected to limitations and scrutiny beyond that afforded contracts in general” (Cioffi-Petrakis v Petrakis, 103 AD3d 766, 767 [2d Dept 2013], lv denied 21 NY3d 860 [2013] [emphasis added and internal quotation marks omitted]).
discussed Cited as authority (rule) Hof v. Hof
N.Y. App. Div. · 2015 · confidence medium
An agreement between spouses or prospective spouses which is fair on its face will be enforced according to its terms unless *580 there is proof of fraud, duress, overreaching, or unconscionability (see Christian v Christian, 42 NY2d 63, 73 [1977]; Cioffi-Petrakis v Petrakis, 103 AD3d 766, 767 [2013]).
discussed Cited as authority (rule) Smith v. Smith
N.Y. App. Div. · 2015 · confidence medium
“An agreement between spouses or prospective spouses should be closely scrutinized, and may be set aside upon a showing that *935 it is unconscionable, or the result of fraud, or where it is shown to be manifestly unfair to one spouse because of overreaching on the part of the other spouse” (Bibeau v Sudick, 122 AD3d 652, 654-655 [2014]; see Christian v Christian, 42 NY2d 63, 72-73 [1977]; Cioffi-Petrakis v Petrakis, 103 AD3d 766, 767 [2013]).
discussed Cited as authority (rule) Anonymous v. Anonymous (2×)
N.Y. App. Div. · 2014 · confidence medium
Of course, prenuptial agreements may be set aside in their entirety on grounds of "fraud, duress, or other inequitable conduct" ( Cioffi-Petrakis v Petrakis , 103 AD3d 766, 767 [2d Dept 2013]).
discussed Cited as authority (rule) Bibeau v. Sudick
N.Y. App. Div. · 2014 · confidence medium
Such an agreement may be invalidated if the party challenging the agreement demonstrates that it was the product of fraud, duress, or other inequitable conduct (see Christian v Christian, 42 NY2d at 73 ; Cioffi-Petrakis v Petrakis, 103 AD3d 766, 767 [2013]; Petracca v Petracca, 101 AD3d 695, 699 [2012]; Leighton v Leighton, 46 AD3d 264, 265 [2007]).
discussed Cited as authority (rule) In re Fizzinoglia
N.Y. App. Div. · 2014 · confidence medium
In general, New York has a “strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements, including prenuptial agreements” (Matter of Greiff, 92 NY2d 341, 344 [1998]; see Bloomfield v Bloomfield, 97 NY2d 188, 193 [2001]; Cioffi-Petrakis v Petrakis, 103 AD3d 766, 767 [2013]).
discussed Cited as authority (rule) In re Fizzinoglia
N.Y. App. Div. · 2014 · confidence medium
In general, New York has a “strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements, including prenuptial agreements” (Matter of Greiff, 92 NY2d 341, 344 [1998]; see Bloomfield v Bloomfield, 97 NY2d 188, 193 [2001]; Cioffi-Petrakis v Petrakis, 103 AD3d 766, 767 [2013]).
discussed Cited "see" Spiegel v. Spiegel
N.Y. App. Div. · 2022 · signal: see · confidence high
"The burden of producing evidence of such [*2]fraud, duress or overreaching is on the party asserting the invalidity of the agreement" ( Anonymous v Anonymous , 123 AD3d 581, 582 [2014] [citations omitted]; see Cioffi-Petrakis v Petrakis , 103 AD3d 766, 767-768 [2013], lv denied 21 NY3d 860 [2013]).
discussed Cited "see" Shah v. Mitra
N.Y. App. Div. · 2019 · signal: see · confidence high
Thus, "there is a heavy presumption that a deliberately prepared and executed written instrument manifests the true intention of the parties" ( Brassey v Brassey , 154 AD2d 293, 295 ; see Cioffi-Petrakis v Petrakis , 103 AD3d 766, 767 ).
Retrieving the full opinion text from the archive…
Elizabeth Cioffi-Petrakis
v.
Panagiotis Petrakis
Appellate Division of the Supreme Court of the State of New York.
Feb 20, 2013.
103 A.D.3d 766
Cited by 20 opinions  |  Published

In an action, inter alia, to set aside a prenuptial agreement, the defendant appeals, as limited by his brief, from so much of a[*767] judgment of the Supreme Court, Nassau County (Bennett, J.), entered February 6, 2012, as, upon a decision of the same court (Falanga, J.), dated December 12, 2011, made after a nonjury trial, is in favor of the plaintiff and against him setting aside the prenuptial agreement.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

In general, New York has a “strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements” (Matter of Greiff, 92 NY2d 341, 344 [1998]; see Bloomfield v Bloomfield, 97 NY2d 188, 193 [2001]). “However, this right is not and has never been without limitation” (Kessler v Kessler, 33 AD3d 42, 45 [2006]). “[T]he State is deeply concerned with marriage and takes a supervisory role in matrimonial proceedings. . . . Indeed, in numerous contexts, agreements addressing matrimonial issues have been subjected to limitations and scrutiny beyond that afforded contracts in general” (id. at 46 [citation omitted]). Thus, while “there is a heavy presumption that a deliberately prepared and executed written instrument manifests the true intention of the parties” (Brassey v Brassey, 154 AD2d 293, 295 [1989]), an agreement between spouses or prospective spouses may be invalidated if the party challenging the agreement demonstrates that it was the product of fraud, duress, or other inequitable conduct (see Christian v Christian, 42 NY2d 63, 73 [1977]; Petracca v Petracca, 101 AD3d 695 [2012]; Weinstein v Weinstein, 36 AD3d 797, 798 [2007]; Lombardi v Lombardi, 235 AD2d 400 [1997]).

“In reviewing a trial court’s findings of fact following a nonjury trial, this Court’s authority is as broad as that of the trial court and includes the power to render the judgment it finds warranted by the facts, bearing in mind that due regard must be given to the decision of a trial judge who was in the position to assess the evidence and the credibility of witnesses” (D’Argenio v Ashland Bldg., LLC, 78 AD3d 758, 758 [2010]).

Here, the Supreme Court reasonably resolved credibility issues in favor of the plaintiff, and its determination that the defendant fraudulently induced the plaintiff to execute the prenuptial agreement was supported by the evidence. With respect to the material facts underlying the plaintiff’s claim, the Supreme Court found that the plaintiffs testimony was “credible,” “convincing,” “unequivocal,” and consistent with “additional corroborative evidence,” and that any “inconsistencies” in her testimony related to “insignificant” matters. By contrast, the Supreme Court found the defendant’s “credibility to be suspect,” due in part, to his “patent evasiveness.” The Supreme[*768] Court’s credibility findings are supported by the record. The plaintiffs claim in this case rested largely on the credibility of the parties, and we decline to disturb the Supreme Court’s determination with respect thereto (see Reid v Reid, 57 AD3d 960 [2008]). On the particular facts of this case, the Supreme Court correctly determined that the plaintiff sustained her burden of establishing grounds to set aside the prenuptial agreement (cf. Petracca v Petracca, 101 AD3d at 695).

The defendant’s remaining contentions are without merit. Angiolillo, J.P., Sgroi, Cohen and Miller, JJ., concur.