Zastrow v. Zastrow

Opinion

FRIEDMAN, Acting P. J.

This appeal requires selection of the statute of limitations appropriate to an ex-wife’s lawsuit against her ex-husband, alleging her mental incompetence at the time of the property settlement agreement and the marital dissolution decree incorporating it and seeking to set aside the decree and rescind the agreement.

In effect, the complaint alleges that after 18 years of marriage the wife signed a property settlement agreement giving her husband the lion’s share of the marital assets; that she then signed an appearance, stipulation and waiver for filing in her…