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WAND v. SALEH

218 A.D.2d 647 (1995)

630 N.Y.S.2d 367

Stanley Wand, Appellant, v. Samir Saleh, Respondent, et al., Defendant

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

August 7, 1995

Ordered that the order is affirmed, with costs.

RPAPL 1301 (3) requires a plaintiff to obtain leave of court to maintain an action to recover on the mortgage debt during the pendency of an action to foreclose the mortgage or after final judgment for the plaintiff (see, Lehman v Roseanne Investors Corp., 106 A.D.2d 617; Boyd v Jarvis, 74 A.D.2d 937...

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