DELUCA v. DELUCA


48 A.D.3d 341 (2008)

851 N.Y.S.2d 539

JANE M. DELUCA, Defendant-Respondent, v. PETER C. DELUCA, Defendant-Respondent, JANE DOE, et al., Defendants.

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

Decided February 26, 2008.


Plaintiff seeks to vacate the stipulation of settlement executed by the parties in their divorce action and incorporated, but not merged, into their 1998 judgment of divorce on the ground that defendant fraudulently concealed assets from her and colluded with others to tamper with the divorce proceedings.

A cause of action based on fraud must be commenced within six years from the time of the fraud, or within two years from the time the fraud was discovered or with...

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