Putnam County Savings Bank v. Allview Estates, Inc.

In an action to foreclose a mortgage pursuant to RPAPL article 13, the plaintiff appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated February 5, 1996, which denied its motion for leave to commence an action at law on the mortgage note pursuant to RPAPL 1301 (3).

Ordered that the order is affirmed, with costs.

In February 1989 Gregory and Carol Bagen gave a mortgage on certain property they owned to the plaintiff Putnam County Savings Bank (hereinafter Putnam Savings). Title to the property was later transferred to Allview Estates, Inc., a corporation apparently wholly…