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XIAO YANG CHEN v. FISCHER

12 A.D.3d 43 (2004)

783 N.Y.S.2d 394

XIAO YANG CHEN, Appellant, v. IAN IRA FISCHER, Respondent.

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

October 25, 2004.

Attorney(s) appearing for the Case

Paul Grobman, New York City, for appellant.

Bleakley Platt & Schmidt, White Plains (Robert D. Meade of counsel), for respondent.

ALTMAN, J.P., FLORIO and MASTRO, JJ., concur.

OPINION OF THE COURT

LUCIANO, J.

This action brought by Xiao Yang Chen (hereinafter Chen) seeks to recover damages for personal injuries she allegedly sustained at the hands of her former husband, Ian Ira Fischer (hereinafter Fischer) during their marriage. The issue presented is whether the parties' judgment of divorce, dated May 8, 2002, bars Chen from maintaining this action, based on Fischer's tortious acts alleged to have occurred during the marriage...

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