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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05291 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05291 |
| 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 | 502 |
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.
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