JOHN v. JOHN


201 A.D.2d 552 (1994)

607 N.Y.S.2d 732

William St. John, Also Known as William J. St. John, Appellant, v. Elizabeth St. John, Also Known as Elizabeth A. St. John, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 1994


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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