In October 2005, a New York appellate court ruling in Chen v. Fischer, 12 A.D.3d 43, appeared to make a substantial change in the way litigation is managed where both matrimonial causes of action and tort claims are asserted in New York.
New York Follows Other States
In October 2005, a New York appellate court ruling in Chen v. Fischer, 12 A.D.3d 43, appeared to make a substantial change in the way litigation is managed where both matrimonial causes of action and tort claims are asserted in New York. The Second Department had held, for the first time, that an interspousal tort action seeking to recover damages for personal injuries commenced subsequent to, and separate from, an action for divorce is barred upon the res judicata principles of claim preclusion. In short, a spouse had to bring any personal injury claim he or she might have as a cause of action within the matrimonial action. A separate tort action was no longer tenable.
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