Opinion
May 28, 1991
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
On an earlier appeal ( 162 A.D.2d 170, lv and rearg denied [M-3122], lv dismissed 77 N.Y.2d 873), we determined that plaintiff had ratified the separation agreement by accepting its benefits for a period of five years, without protest. Prior to the resolution of this earlier appeal, plaintiff amended her complaint to assert four causes of action sounding in prima facie tort, fraud and constructive trust. Thereafter, defendant successfully moved to dismiss these claims.
In view of plaintiff's ratification of the separation agreement, the general release contained therein encompasses, and thus bars, claims for constructive trust and fraud. (Shalmoni v Shalmoni, 141 A.D.2d 628, lv dismissed 73 N.Y.2d 851.) Furthermore, plaintiff's prima facie tort claims are barred by the applicable three year statute of limitations period (CPLR 214) and, in any event, are inadequately pleaded (Burns Jackson Miller Summit Spitzer v Lindner, 59 N.Y.2d 314).
We have considered plaintiff's remaining claims and find them to be without merit.
Concur — Ellerin, J.P., Kupferman, Asch and Rubin, JJ.