Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05346
U.S. Bank, N.A. v Morrison
Read the official decision: 2026 NY Slip Op 05346
Holding The court held that a plaintiff’s failure to move for a judgment of foreclosure and sale as directed by a prior order was not sufficient grounds for a sua sponte dismissal of the complaint. Consequently, the lower court’s order dismissing the action without prejudice was reversed and the action was restored to the active calendar.
The court’s words
A court's power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant dismissal
2026 NY Slip Op 05346, at the official text
the plaintiff's failure to move for a judgment of foreclosure and sale as directed by the March 2017 order was not a sufficient ground upon which to, sua sponte, direct dismissal of the complaint
2026 NY Slip Op 05346, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05346 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05346 |
| 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 | 612 |
Recommended citation
ESQ HQ, New York Law Watch, U.S. Bank, N.A. v Morrison, 2026 NY Slip Op 05346 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05346/
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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