Legal Opinion
Wand v. Saleh
Appellate Division of the Supreme Court of the State of New York
Decided August 7, 1995PublishedCited by 5 opinions
1Opinion of the Court
—In an action to foreclose a *648mortgage pursuant to RPAPL article 13, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated May 27, 1994, which denied his motion to commence an action pursuant to RPAPL 1301 (3) to recover the amount of the deficiency resulting from the sale of the mortgaged property.
Ordered that the order is affirmed, with costs.
RPAPL 1301 (3) requires a plaintiff to obtain leave of court to maintain an action to recover on the mortgage debt during the pendency of an action to foreclose the mortgage or after final judgment for the plaintiff…
2Cases cited4 opinions
- Sanders v. PalmerNew York Court of Appeals · 1986
- Irving Trust Co. v. SeltzerAppellate Division of the Supreme Court of the State of New York · 1943
- Lehman v. Roseanne Investors Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Boyd v. JarvisAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by5 opinions
- Shaw Funding, L.P. v. GrauerAppellate Division of the Supreme Court of the State of New York · 2012
- Putnam County Savings Bank v. Allview Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Resolution Trust Corp. v. Sopher & Co., Inc.Court of Appeals for the Second Circuit · 1997
- Shaw Funding, L.P. v. GrauerAppellate Division of the Supreme Court of the State of New York · 2012
- Windward Bora LLC v. BrowneDistrict Court, S.D. New York · 2023