DeLuca v. DeLuca

Order, Supreme Court, New York County (Laura VisitaciónLewis, J.), entered November 22, 2006, which granted defendant Peter DeLuca’s motion to dismiss the complaint and denied plaintiffs cross motion to amend the complaint, unanimously affirmed, without costs.

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…