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NC VENTURE I, L.P. v. COMPLETE ANALYSIS, INC.

49 A.D.3d 514 (2008)

851 N.Y.S.2d 888

NC VENTURE I, L.P., Respondent, v. COMPLETE ANALYSIS, INC., Defendant, and JOSEPH E. FIEGOLI et al., Appellants.

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

Decided March 4, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, the plaintiff was not required, pursuant to RPAPL 1301 (3), to obtain leave of court prior to commencing this action to recover on the promissory note. At the time this action was commenced, the plaintiff's action to foreclose the mortgage had been dismissed and no judgment in favor of the plaintiff was entered in that action.

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