New York CPLR 203 (d) - Example Case

\In Bloomfield v. Bloomfield, 97 NY2d 188, 764 NE2d 950, 738 NYS2d 650 [2001]), the Court permitted the defendant to challenge a 25-year-old prenuptial agreement pursuant to CPLR 203 (d), not because the statute of limitations was tolled, but because CPLR 203 (d) permits it. CPLR 203 (d) states: "(d) Defense or counterclaim. A defense or counterclaim is interposed when a pleading containing it is served. A defense or counterclaim is not barred if it was not barred at the time the claims asserted in the complaint were interposed, except that if the defense or counterclaim arose from the transactions, occurrences, or series of transactions or occurrences, upon which a claim asserted in the complaint depends, it is not barred to the extent of the demand in the complaint notwithstanding that it was barred at the time the claims asserted in the complaint were interposed."