STACOM v. WUNSCH


173 A.D.2d 401 (1991)

Lesta W. Stacom, Appellant, v. Benjamin Wunsch, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 28, 1991


On an earlier appeal (162 A.D.2d 170, lv and rearg denied [M-3122], lv dismissed 77 N.Y.2d 873), we determined that plaintiff had ratified the separation agreement by accepting its benefits for a period of five years, without protest. Prior to the resolution of this earlier appeal, plaintiff amended her complaint to assert four causes of action sounding in prima facie tort, fraud and constructive trust. Thereafter, defendant...

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