Rosner v. Rosner
Opinion of the Court
In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Nassau County (Brown, J.), dated July 21, 2008, which denied his motion to dismiss the plaintiffs cause of action for equitable distribution and related relief, for leave to amend his answer to assert counterclaims seeking partition of the parties’ residence in Mill Neck and to recover money lent, for a protective order limiting disclosure, and to stay disclosure.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the defendant’s motion which was for leave to amend his answer to assert the existence of the 1992 stipulation. Since the 1992 stipulation was abandoned, the proposed amendment would be “palpably insufficient” as a matter of law and “devoid of merit” (see Tornheim v Blue & White Food Prods. Corp., 56 AD3d 761, 761 [2008]; Scofield v DeGroodt, 54 AD3d 1017, 1018 [2008]; Frank v Eaton, 54 AD3d 805, 805-806 [2008]). Furthermore, the Supreme Court providently exercised its discretion in denying those branches of the defendant’s motion which sought a protective order limiting disclosure to concern only that property not encompassed by the 1992 stipulation of settlement and to stay disclosure (see Butti v Butti, 151 AD2d 633, 634 [1989]).
In light of our determination, the Supreme Court providently exercised its discretion in denying those branches of the defendant’s motion which were for leave to amend his answer to assert counterclaims seeking partition of the parties’ residence in Mill Neck and to recover money lent. The proposed amendments are without merit because, after an alteration in the marital relationship, the Supreme Court will have the authority to determine the rights of the parties to that property (see Domestic Relations Law § 236 [B] [5] [c]). Skelos, J.E, Covello, Leventhal and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.