P. T. BANK CENT. ASIA v. WIDE MOTION CORP.


233 A.D.2d 151 (1996)

649 N.Y.S.2d 151

P. T. Bank Central Asia, Plaintiff, v. Wide Motion Corp. et al., Defendants. (Action No. 1.) P. T. Bank Central Asia, Respondent, v. Che Kei Li, Also Known as Danny Chi Kei Li, Appellant, et al., Defendants. (Action No. 2.)

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

November 12, 1996


Appellant's reliance on RPAPL 1301 in support of dismissal is misplaced because the two actions commenced by respondent bank in this case do not both seek to recover a mortgage debt (see, e.g., Federal Deposit Ins. Corp. v Forte, 94 A.D.2d 59), but rather a debt stemming from the principal debtor's breach of its line of credit agreement with plaintiff. RPAPL 1301 is inapplicable where, as here, the second action is on a debt...

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