Opinion
June 15, 1998
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the order is affirmed, with costs.
The third cause of action of the complaint was to rescind the parties' antenuptial agreement dated March 5, 1982. The husband moved to dismiss that cause of action as time-barred by the six-year Statute of Limitations because the action was not commenced until December 1996 ( see, Djavaheri-Saatchi v. Djahaveri-Saatchi, 236 A.D.2d 583; Anonymous v. Anonymous, 233 A.D.2d 350). The wife contended that the cause of action was not time-barred because the Statute of Limitations was tolled by duress.
When duress is part of the cause of action alleged, the Statute of Limitations is tolled until the duress terminates, as such conduct is considered a continuing wrong ( see, Zoe G. v. Frederick F.G., 208 A.D.2d 675). Viewing the evidence in a light most favorable to the wife, she has not met her burden of demonstrating such continuing duress as would toll the running of the Statute of Limitations.
Rosenblatt, J. P., Sullivan, Altman and Luciano, JJ., concur.