Opinion
August 7, 1995
Appeal from the Supreme Court, Queens County (Golar, J.).
Ordered that the order is affirmed, with costs.
RPAPL 1301 (3) requires a plaintiff to obtain leave of court to maintain an action to recover on the mortgage debt during the pendency of an action to foreclose the mortgage or after final judgment for the plaintiff (see, Lehman v. Roseanne Investors Corp., 106 A.D.2d 617; Boyd v. Jarvis, 74 A.D.2d 937). It is well settled that leave to bring a separate action against a party who was a defendant in the foreclosure action will not be granted "`unless special circumstances were shown which manifestly required that course'" (Sanders v. Palmer, 68 N.Y.2d 180, 185). The law office failure cited by the plaintiff does not constitute special circumstances warranting that the court grant permission to maintain his proposed action against the defendant (cf., Irving Trust Co. v. Seltzer, 265 App. Div. 696). Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.