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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05279 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05279 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 478 |
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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