Opinion
February 14, 1994
Appeal from the Supreme Court, Westchester County (Donovan, J.).
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 marital property, fragmentation of the litigation would be duplicative and counterproductive (see generally, Boronow v. Boronow, 71 N.Y.2d 284; Harrison v. Harrison, 134 A.D.2d 567, 568). Any claim the plaintiff has regarding his former marital residence may be adjudicated in the pending matrimonial action.
We have considered the plaintiff's remaining contentions and find them to be without merit. Ritter, J.P., Pizzuto, Friedmann and Goldstein, JJ., concur.