Ordered that the order is affirmed, with costs.
There exist issues of fact as to whether the defendant Herve Van Caloen made a misrepresentation of fact to the defendant Isabelle D. Van Caloen with respect to his net worth or financial condition prior to the execution of the stipulation of settlement dated October 26, 1995, between these two parties in an unrelated matrimonial action (see, Ruse v Inta-Boro Two-Way Radio Taxi Assocs.,
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