Bank of New York Mellon, etc., respondent, v Patricia L. Conforti, etc., defendants, 35 Pleasure, LLC, appellant.

Holding The Appellate Division reversed the foreclosure judgment, holding that the Foreclosure Abuse Prevention Act (FAPA) constituted a change in the law that allowed the defendant to renew its motion for summary judgment. The court determined that the voluntary discontinuance of a prior foreclosure action did not de-accelerate the mortgage debt under FAPA, rendering the current action untimely under the six-year statute of limitations.

The court’s words

the voluntary discontinuance of the 2011 action did not de-accelerate the mortgage debt, and, thus, the applicable limitations period expired in December 2017

2026 NY Slip Op 05262, at the official text

FAPA constituted a change in the law that would alter the Supreme Court's prior determination of 35 Pleasure's prior cross-motion

2026 NY Slip Op 05262, at the official text

the voluntary discontinuance of [a] foreclosure action [may] not serve to de-accelerate the mortgage debt or revive or reset the statute of limitations

2026 NY Slip Op 05262, at the official text