DePALMA v. DePALMA

Index No. 652893/19. Appeal No. 13510. Case No. 2020-02543.

193 A.D.3d 449 (2021)

141 N.Y.S.3d 694

2021 NY Slip Op 02098

Carol DePalma, Appellant, v. Vincent DePalma, Respondent.

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

Decided April 6, 2021.


Attorney(s) appearing for the Case

Feder Kaszovitz LLP, New York ( Murray L. Skala of counsel), for appellant.

Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, Uniondale ( Greg S. Zucker of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.


The motion court properly dismissed plaintiff's claims for, inter alia, fraud and breach of contract, where the record established that prior to settlement she was aware that defendant's business was involved in a lucrative merger with another company. With this knowledge, plaintiff, who was represented by independent counsel, chose to forgo further discovery and executed a stipulation of settlement containing mutual releases of all claims and discovery waivers, acknowledging...

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