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Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04591

Deutsche Bank Natl. Trust Co. v Pulver

Read the official decision: 2026 NY Slip Op 04591

Holding The court affirmed the dismissal of the mortgage foreclosure action, holding that the Foreclosure Abuse Prevention Act (FAPA) applies retroactively to bar the action because the prior dismissal was due to neglect. The court further rejected constitutional challenges to FAPA and determined that a trial period plan did not reset the statute of limitations.

The court’s words

we conclude that CPLR 205-a, enacted as a part of FAPA, renders this action time-barred

2026 NY Slip Op 04591, at the official text

it has become settled law that it does apply retroactively

2026 NY Slip Op 04591, at the official text

the Trial Plan was not a loan modification agreement

2026 NY Slip Op 04591, at the official text

plaintiff is not entitled to any grace period

2026 NY Slip Op 04591, at the official text
CourtAppellate Division, Fourth Department
DecidedJuly 24, 2026
Citation2026 NY Slip Op 04591
Area of lawMortgage Foreclosure
WeekWeek ending July 25, 2026
Official textOfficial decision: 2026 NY Slip Op 04591
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id349

Recommended citation

ESQ HQ, New York Law Watch, Deutsche Bank Natl. Trust Co. v Pulver, 2026 NY Slip Op 04591 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04591/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published July 24, 2026. Updated July 24, 2026.