Ginns v. Ginns

Summary

The Appellate Division, First Department, affirmed an order denying the defendant's motion for summary judgment and granting the plaintiff summary judgment as to liability under an amended postnuptial agreement. The court held that the agreement required the defendant to pay the plaintiff half of his inheritance within six months of receipt and ordered a trial on damages because the record did not establish the amount of the inheritance.

Holdings

1. The Amended Postnuptial Agreement unambiguously required defendant to provide plaintiff with half of his share of his substantial inheritance within six months of receiving it, regardless of whether he received the funds before or after termination of the marriage; defendant breached the Agreement by failing to make the payment.
2. Summary judgment for plaintiff on liability was proper because defendant failed to raise a triable issue of fact concerning his breach of the Agreement.
3. Defendant failed to establish that the Amended Postnuptial Agreement was unconscionable.
4. A trial on damages was necessary because the record did not establish the amount of inheritance defendant received.

Questions Presented

1. Whether the Amended Postnuptial Agreement unambiguously required defendant to pay plaintiff one-half of his inheritance within six months of receipt, regardless of whether the marriage had terminated.
2. Whether plaintiff was entitled to summary judgment on liability for defendant's breach of the Amended Postnuptial Agreement.
3. Whether defendant established that the Amended Postnuptial Agreement was unconscionable or that his obligation terminated when he reached age 70.
4. Whether a trial on damages was necessary because the amount of inheritance received by defendant was not established in the record.

Disposition

affirmed