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CENT. TRUST CO. v. DANN

85 N.Y.2d 767 (1995)

651 N.E.2d 1278

628 N.Y.S.2d 259

Central Trust Company, Now Known as Manufacturers and Traders Trust Company, Respondent, v. Ronald L. Dann, Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1995.

Attorney(s) appearing for the Case

Christopher J. Thomas, Corning, for appellant.

Woods, Oviatt, Gilman, Sturman & Clarke, Rochester (Kelly A. Nagle of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.

BELLACOSA, J.

Plaintiff, a junior mortgagee, pursued surplus moneys resulting from a senior mortgagee's foreclosure proceedings and sale. The primary issue is whether that constitutes a foreclosure action, triggering the strictures of RPAPL 1301 (3) and, consequently, precluding the junior mortgagee from subsequently suing a mortgagor for the balance on a loan note, unless leave of the court is obtained. A parallel...

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