RPAPL 1301(3) provides that "[w]hile [an] action is pending or after final judgment for the plaintiff therein, no other action shall be commenced or maintained to recover any part of the mortgage debt, without leave of the court in which the former action was brought." The purpose of this statute is to protect the mortgagor "from the expense and annoyance of two independent actions at the same time with reference to the same debt" (Central Trust Co. v Dann,
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U.S. BANK NATIONAL ASSOCIATION v. BEYMER
11507. 850260/18.
183 A.D.3d 454 (2020)
2020 NY Slip Op 02871
U.S. Bank National Association, Respondent, v. John M. Beymer, Also Known as John Beymer, et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 14, 2020.
Decided May 14, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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