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XIAO YANG CHEN v. FISCHER

6 N.Y.3d 94 (2005)

843 N.E.2d 723

810 N.Y.S.2d 96

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

Court of Appeals of the State of New York.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Law Office of Paul Grobman, New York City (Paul Grobman of counsel), for appellant.

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

Law Offices of Annette G. Hasapidis, South Salem (Annette G. Hasapidis, Alayne Katz and Andrea Phoenix of counsel), for Women's Bar Association of the State of New York, amicus curiae.

Amanda B. Norejko, New York City, and Laura A. Russell for Sanctuary for Families' Center for Battered Women's Legal Services, amicus curiae.

Cynthia B. Rubin, New York City, Sheila A. Agnew and Jennifer A. Covell for Association of the Bar of the City of New York, amicus curiae.

Elliot Scheinberg, New York City, for American Academy of Matrimonial Lawyers, New York Chapter, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

Plaintiff Xiao Yang Chen and defendant Ian Ira Fischer were married on March 11, 2001. Shortly thereafter, Fischer commenced an action for divorce on the ground of cruel and inhuman treatment. Chen counterclaimed for divorce — also alleging cruel and inhuman treatment — and asserted an additional cause of action for fraudulent inducement. Specifically, as grounds...

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