Chen v. Fischer

843 N.E.2d 723, 6 N.Y.3d 94 (2005)

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Chen v. Fischer

New York Court of Appeals
843 N.E.2d 723, 6 N.Y.3d 94 (2005)

Facts

On March 11, 2001, Xiao Yang Chen (plaintiff) and Ian Ira Fischer (defendant) married. On May 6, Fischer assaulted Chen by beating her and trying to suffocate her. In response to the incident, both Chen and Fischer filed a petition with the family court for a protective order. Additionally, Fischer petitioned for a divorce on the ground that Chen had engaged in cruel and inhuman treatment. In response, Chen filed a counterclaim for divorce on the ground that Fischer had engaged in cruel and inhuman treatment. Chen and Fischer then agreed to withdraw from their petitions any fault allegations arising from the May 6 incident and to consolidate the petitions for protective orders with the divorce petitions. In January 2002, Chen filed a personal-injury tort action against Fischer for the injuries she had suffered from the May 6 attack. In May 2002, Chen and Fischer were granted a dual divorce decree. Following the entry of the divorce decree, Fischer moved to dismiss Chen’s tort action. Fischer claimed that Chen was barred by the doctrine of res judicata from filing the tort action. The New York Supreme Court granted Fischer’s motion to dismiss. The matter was appealed.

Rule of Law

Issue

Holding and Reasoning (Ciparick, J.)

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