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Lombardo v. Fielding

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1996
225 A.D.2d 672 (N.Y. App. Div. 1996)

Opinion

March 18, 1996

Appeal from the Supreme Court, Suffolk County (Newmark, J.).


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). This requirement, however, applies only to mortgages secured by property located in New York State (see, Provident Sav. Bank Trust Co. v Steinmetz, 270 N.Y. 129; Yager v Rubymar Corp., 35 Misc.2d 517). Here, since the previous foreclosure action concerned property located in Florida, the fact that the plaintiff did not obtain a deficiency judgment in that action does not bar the instant action, which seeks to enforce the assignment of a mortgage secured by property located in New York State.

The appellants' remaining contentions lack merit. Copertino, J.P., Pizzuto, Friedmann and McGinity, JJ., concur.


Summaries of

Lombardo v. Fielding

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1996
225 A.D.2d 672 (N.Y. App. Div. 1996)
Case details for

Lombardo v. Fielding

Case Details

Full title:JOSEPH E. LOMBARDO II, Respondent, v. RORY F. FIELDING et al., Appellants…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 1996

Citations

225 A.D.2d 672 (N.Y. App. Div. 1996)
639 N.Y.S.2d 483

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