DRL §250 and the Time to Challenge a Prenuptial Agreement

In Brody v. Brody, 2008 NY Slip Op (Decided May 6, 2008) the Supreme Court, Nassau County (Ross, J.) held although recently enacted Domestic Relations Law §250 which provides that the statute of limitations for commencing a proceeding "that arises from" a prenuptial agreement or marital agreement is tolled until either process is served in a matrimonial action or proceeding or one of the parties to the agreement dies, by its terms does not apply to any agreement where the commencement of an action was time-barred on the effective date (July 3, 2007), the defendant may attack the validity of the time barred prenuptial agreement, but only as a defense raised in her answer, only as a shield for recoupment purposes, and not to obtain affirmative relief.