2022 New York Laws
RPA - Real Property Actions and Proceedings
Article 13 - Action to Foreclose a Mortgage
1301 - Separate Action for Mortgage Debt.

§ 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.