Legal Opinion
NC Venture I, L.P. v. Complete Analysis, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 2 opinions
1Opinion of the Court
Contrary to the appellants’ contention, the plaintiff was not required, pursuant to RFAFL 1301 (3), to obtain leave of court prior to commencing this action to recover on the promissory note. At the time this action was commenced, the plaintiffs action to foreclose the mortgage had been dismissed and no judgment in favor of the plaintiff was entered in that action.
*515This Court reversed the order dismissing the action to foreclose the mortgage, and the complaint in that action was reinstated (see NC Venture I, L.P. v Complete Analysis, Inc., 22 AD3d 540 [2005]). Allowing the plaintiff to pursue…
2Cases cited4 opinions
- Central Trust Co. v. DannNew York Court of Appeals · 1995
- Lehman v. Roseanne Investors Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- NC Venture I, L.P. v. Complete Analysis, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- European American Bank v. Syosset Autorama, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- Old Republic National Title Insurance v. ConlinAppellate Division of the Supreme Court of the State of New York · 2015
- Wells Fargo Bank, N.A. v. PenaNew York Supreme Court · 2016