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that the plaintiff’s personal injury tort action is not barred by claim preclusion because the fault allegations were withdrawn by stipulation and no reservation of rights was made, and it affirmed that New York does not recognize a cause of action for intentional infliction of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.