St. John v. St. John

In an action, inter alia, to impose a constructive trust on real property, the plaintiff appeals (1) from an order of the Supreme Court, Westchester County (Donovan, J.), entered November 16, 1990, which denied his motion, inter alia, for leave to enter a default judgment upon the defendant’s default in answering, and dismissed his complaint, inter alia, on the ground that there was a matrimonial action pending between the parties for the same relief, and (2) from an order of the same court, entered March 28, 1991, which denied the plaintiff’s motion for renewal.

Ordered that the orders are…