CONDO v. CONDO (2023)

Order, Supreme Court, New York County, (Adam Silvera, J.), entered November 7, 2022, which, to the extent appealed from as limited by the briefs, denied defendant's motion for an injunction prohibiting plaintiff from filing future litigation related to the parties’ agreement to resolve certain disputes (Term Sheet) without prior leave of court, unanimously affirmed, without costs.

Contrary to defendant's contention, the court did not improvidently exercise its discretion by declining to enjoin the wife from further litigation relative to the parties’ Term Sheet in their matrimonial action (see Matter of Shapiro v. Hayes, 133 A.D.3d 468, 468, 19 N.Y.S.3d 287 [1st Dept. 2015]).  Plaintiff's actions subsequent to the court's “final warning” not to engage in further transgressions were insufficient to establish that she continued to commit “bad acts” designed to obstruct and delay the conclusion of the matter, and we perceive no basis otherwise to substitute our discretion for that of the trial court (see generally Marbru Assoc. v. White, 206 A.D.3d 562, 562, 168 N.Y.S.3d 832 [1st Dept. 2022]).