Ordered that the orders are affirmed, without costs or disbursements.
We conclude that it was within the court's discretion to deny the plaintiff's motion for leave to enter a default judgment and to dismiss the plaintiff's complaint which sought, inter alia, to impose a constructive trust on the parties' former marital residence. Given the pendency of a matrimonial action in which the plaintiff has, in fact, asked the matrimonial court to determine what constitutes...
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