§ 1301. Separate action for mortgage debt. 1. Where final judgment for
the plaintiff has been rendered in an action to recover any part of the
mortgage debt, an action shall not be commenced or maintained to
foreclose the mortgage, unless an execution against the property of the
defendant has been issued upon the judgment to the sheriff of the county
where he resides, if he resides within the state, or if he resides
without the state, to the sheriff of the county where the judgment-roll
is filed; and has been returned wholly or partly unsatisfied.

2. The complaint shall state whether any other action has been brought
to recover any part of the mortgage debt, and, if so, whether any part
has been collected.

3. While the 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, including an action to foreclose
the mortgage, without leave of the court in which the former action was
brought. The procurement of such leave shall be a condition precedent to
the commencement of such other action and the failure to procure such
leave shall be a defense to such other action. For purposes of this
subdivision, in the event such other action is commenced without leave
of the court, the former action shall be deemed discontinued upon the
commencement of the other action, unless prior to the entry of a final
judgment in such other action, a defendant raises the failure to comply
with this condition precedent therein, or seeks dismissal thereof based
upon a ground set forth in paragraph four of subdivision (a) of rule
thirty-two hundred eleven of the civil practice law and rules. This
subdivision shall not be treated as a stay or statutory prohibition for
purposes of calculating the time within which an action shall be
commenced and the claim interposed pursuant to sections two hundred four
and two hundred thirteen of the civil practice law and rules.

4. If an action to foreclose a mortgage or recover any part of the
mortgage debt is adjudicated to be barred by the applicable statute of
limitations, any other action seeking to foreclose the mortgage or
recover any part of the same mortgage debt shall also be barred by the
statute of limitations.