In Sareen v. Sareen , Vikas Sareen sued Reema Sareen -- his "estranged wife" -- to recover damages for fraud and intentional infliction of emotional distress.
Prior to their marriage, Reema supposedly told Vikas that she was a college graduate. After they were married, Vikas discovered that Reema had never earned a degree.
When the Queens County Supreme Court granted Reema's request to dismiss the case, Vikas appealed to the Appellate Division, Second Department.
The AD2 felt the fraud claim was unsupported since Vikas failed to establish he "justifiably relied" on Reema's representations when he decided to marry her. And since her conduct wasn't "extreme and outrageous," he was also unable to support an "intentional infliction of emotional distress" claim.
Isn't it always a matter of degrees?
To download a copy of the Appellate Division's decision, please use this link: Sareen v. Sareen