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BANK LEUMI TRUST CO. OF NEW YORK v. MARI-AGE BRIDALS, INC.

215 A.D.2d 422 (1995)

626 N.Y.S.2d 535

Bank Leumi Trust Company of New York, Respondent, v. Mari-Age Bridals, Inc., et al., Defendants, and Gertrude Glass, Appellant

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

May 8, 1995

Ordered that the order and judgment is affirmed, with costs.

Contrary to the appellant's contentions, RPAPL 1301 does not bar the plaintiff from foreclosing on the subject property. In this case, the obligation secured by the mortgage was the appellant's limited guaranty of payment on a separate loan made by the plaintiff to the defendant Mari-Age Bridals, Inc. Because the obligation secured by the mortgage was separate...

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