ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05291

HSBC Bank USA, National Association, etc., v Joslet Foster, et al., defendants, CitiMortgage, Inc., respondent

Read the official decision: 2026 NY Slip Op 05291

Holding The Appellate Division affirmed the dismissal of the complaint against CitiMortgage as abandoned under CPLR 3215(c) because the plaintiff failed to show sufficient cause for the delay in seeking a default judgment. The court found that the plaintiff’s explanations regarding stays and separate litigation were insufficient to account for years of inactivity.

The court’s words

the plaintiff failed to proffer a reasonable excuse for its lengthy delay in seeking a default judgment against Citi

2026 NY Slip Op 05291, at the official text

the plaintiff did not account for gaps of time where years of inactivity passed

2026 NY Slip Op 05291, at the official text

the court properly granted Citi's motion pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against it as abandoned

2026 NY Slip Op 05291, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05291
Area of lawCivil Procedure
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05291
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id502

Recommended citation

ESQ HQ, New York Law Watch, HSBC Bank USA, National Association, etc., v Joslet Foster, et al., defendants, CitiMortgage, Inc., respondent, 2026 NY Slip Op 05291 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05291/

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.

Read how Law Watch works

Published September 16, 2026. Updated September 16, 2026.