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No Separate Tort Suit Against Ex
A New York couple's short marriage may have a lasting effect on New York state law. The Appellate Division, Second Department, said a tort suit between spouses cannot be filed separately from, and after, a divorce action; the claim must be joined to the divorce suit. Accordingly, the court upheld the dismissal of a suit filed by a woman against her soon-to- be-ex-husband for intentional infliction of emotional distress and personal injuries on the basis of claim preclusion. Chen v. Fischer, 2003-00397.
The Ruling
A unanimous four-judge panel said the decision extended principles from earlier cases. According to the Second Department's Justice Daniel F. Luciano, “Societal needs, logic, and the desirability of bringing spousal litigation to finality now compel us to expand upon the rule espoused in these cases, and hold that an interspousal tort action seeking to recover damages for personal injuries commenced subsequent to, and separate from, an action for divorce is likewise barred by claim preclusion. Although not relevant to the instant appeal, we recognize that today's holding has the potential to complicate divorce litigation.”
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