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RAINBOW VENTURE ASSOCS. v. PARC VENDOME ASSOCS., LTD.

221 A.D.2d 164 (1995)

633 N.Y.S.2d 478

Rainbow Venture Associates, L. P., Respondent, v. Parc Vendome Associates, Ltd., et al., Defendants, and Board of Managers of Parc Vendome Condominium Corporation, Appellant

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

November 2, 1995

RPAPL 1301 (3) precludes a mortgagee who has elected foreclosure from commencing a separate action on the mortgage debt, without leave of the court (Marine Midland Bank v Lake Huntington Dev. Group, 185 A.D.2d 395, 396). Therefore, in those instances in which a party has obtained a final judgment in a foreclosure action, permission to institute a separate action on the debt will not be granted " `unless special circumstances were...

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