New York Court of Appeals

Xiao Yang Chen, Appellant v. Ian Ira Fischer, Respondent

December 15, 20056 N.Y.3d 94

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the plaintiff’s personal injury tort action is not barred by claim preclusion because the fault allegations were withdrawn by stipulation and no reservation of rights was made, and it affirmed that New York does not recognize a cause of action for intentional infliction of emotional distress between spouses.