Appellate Division of the Supreme Court of the State of New York, First Department.
RPAPL 1301 (3) does not bar plaintiff from maintaining this action to enforce defendants' guarantees, since the debt sought to be enforced in the separate mortgage foreclosure action is separate and distinct from that guaranteed by defendants herein. Accordingly, as the IAS held, defendants have failed to set forth a meritorious defense sufficient to vacate...
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