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LOMBARDO v. FIELDING

225 A.D.2d 672 (1996)

639 N.Y.S.2d 483

Joseph E. Lombardo II, Respondent, v. Rory F. Fielding et al., Appellants, et al., Defendant

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

March 18, 1996

Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, RPAPL 1371 does not bar the instant action. New York law mandates that where a debt is secured by mortgages on two properties, and foreclosure of the first mortgage leaves a deficiency, the failure to obtain a deficiency judgment bars further proceedings to foreclose the second mortgage (see, RPAPL 1371; Sanders v Palmer, 68 N.Y.2d 180...

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