Advocate, LLP, New York (Jason A. Advocate of counsel), for appellant.

Kamerman, Uncyk, Soniker & Klein, P.C., New York (Akiva Meir Cohen of counsel), for respondent.

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered September 10, 2019, which, to the extent appealed from as limited by the briefs, denied defendant-wife's cross motion for partial summary judgment, unanimously affirmed, without costs. Order, same court and Justice, entered July 7, 2020, which, to the extent appealed from as limited by the briefs, denied defendant-wife's motion for interim counsel fees, unanimously affirmed, without costs.

We agree with the court that issues of fact exist regarding whether the reissuance of shares to plaintiff husband's separate property in joint names constituted a gift to the wife (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).

The court providently exercised its discretion in denying the wife's motion for interim attorney fees since the parties' prenuptial agreement included a fee waiver, and the circumstances do not weigh against enforcement of the agreement at this juncture (see Anonymous v Anonymous, 123 AD3d 581, 584-585 [1st Dept 2014]; cf. Soltanpour v Koch, 176 AD3d 570 [1st Dept 2019]). Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.