Cruciata v. Mainiero

Order, Supreme Court, New York County (Debra A. James, J.), entered March 24, 2005, which, inter alia, granted defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated and the matter remanded for further proceeding.

Despite the detailed on-the-record settlement of plaintiff’s matrimonial action, the Second Department subsequently found that plaintiffs allegations seeking to rescind such stipulation were sufficient to create an inference of duress and intimidation exercised by…