Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05315
Nationstar Mtge., LLC v Adekoje
Read the official decision: 2026 NY Slip Op 05315
Holding The appellate court reversed the lower court’s denial of the plaintiff’s motion, holding that the conditional order of dismissal was defective for failing to provide proper statutory notice under CPLR 3216. Additionally, the court vacated the tolling of interest because the plaintiff was denied due process by not being afforded notice or an opportunity to be heard on that issue.
The court’s words
the conditional order of dismissal was defective in that it did not state that the plaintiff's failure to comply with the notice will serve as a basis for a motion by the court to dismiss the complaint for failure to prosecute
2026 NY Slip Op 05315, at the official text
the plaintiff was not afforded any notice nor an opportunity to be heard on this issue which amounted to a denial of the [plaintiff]'s due process rights
2026 NY Slip Op 05315, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05315 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05315 |
| 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 | 550 |
Recommended citation
ESQ HQ, New York Law Watch, Nationstar Mtge., LLC v Adekoje, 2026 NY Slip Op 05315 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05315/
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