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Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05279

Ditech Financial, LLC v Epstein

Read the official decision: 2026 NY Slip Op 05279

Holding The Appellate Division affirmed the lower court’s denial of the nonparty’s motion to vacate a prior order because the nonparty failed to demonstrate a basis for relief under CPLR 5015(a). Additionally, the nonparty did not provide evidence of fraud, mistake, inadvertence, surprise, or excusable neglect necessary to warrant vacatur in the interests of substantial justice.

The court’s words

U.S. Bank failed to show a basis to vacate the stated portion of the June 2023 order pursuant to CPLR 5015(a)

2026 NY Slip Op 05279, at the official text

failed to provide any evidence of fraud, mistake, inadvertence, surprise, or excusable neglect that would warrant vacatur

2026 NY Slip Op 05279, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05279
Area of lawCivil Procedure
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05279
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id478

Recommended citation

ESQ HQ, New York Law Watch, Ditech Financial, LLC v Epstein, 2026 NY Slip Op 05279 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05279/

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 September 16, 2026. Updated September 16, 2026.