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SEAWOOD INVESTORS v. GOLDSTEIN

51 A.D.2d 592 (1976)

Seawood Investors, Respondent, v. Saul D. Goldstein et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 26, 1976

Order and judgment affirmed, with one bill of $50 costs and disbursements to cover both appeals.

Plaintiff was not barred by sections 1371 and 1301 of the Real Property Actions and Proceedings Law from suing on the guarantee in connection with the first loan merely because it had sued separately to foreclose the mortgage in connection with the second loan. The fact that the separate loans were secured by separate mortgages on the same premises is irrelevant, since...

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