Legal Question in Civil Litigation in New York

emotional distress

I have recently been granted a divorce from my wife on the grounds of cruel and inhuman treatment. she has had numerous affairs during our 10 year marraige and 1 affair produced a child. we already had 1 child together and we decided that2 was all we were going to have. she knew the babay was not mine and convinced me that it was and pushed me to have a vasectomy. after the operation and on christmas no less she told me the truth. and left. am i able to sue her for emotional distress the vasectomy reversal so that my new wife and i can have the second child i wanted, and any other pain and suffering that she caused me with the cruel and inhuman treatment.


Asked on 2/26/01, 12:52 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: emotional distress

You raise a very interesting legal issue. My gut instinct, without the benefit of legal research, is that you have some sort of claim. I analogize the situation to one where a cheating spouse transmits a sexually transmissible disease to the unsuspecting spouse. In that context, like yours, a fraud has occurred.

As to damages and, equally important, collection of any award of damages, does your ex-wife have any substantial assets?

-- Kenneth J. Ashman; Ashman & Griffin, LLC; [email protected]; 212-581-9700

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Answered on 4/20/01, 3:19 pm


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