Although RPAPL 1301 (3) prohibits a mortgage lender seeking repayment of a loan from simultaneously prosecuting an action at law to recover upon a promissory note and an action in equity to foreclose the mortgage, the prohibition does not apply where, as here, the property securing the loan is located outside of New York State (see Federal Deposit Ins. Corp. v De Cresenzo,
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WELLS FARGO BANK MINNESOTA, N.A. v. COHN
4 A.D.3d 189 (2004)
771 N.Y.S.2d 649
WELLS FARGO BANK MINNESOTA, N.A., Respondent, v. MARK F. COHN et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 19, 2004.
February 19, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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