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.
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. <i>Chen v. Fischer</i>, 2003-00397.
By
Law.com Staff
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