Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05407
NewRez, LLC v Shannon
Read the official decision: 2026 NY Slip Op 05407
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
Holding The defendants waived their right to seek dismissal of the complaint as abandoned under CPLR 3215(c) by opposing the plaintiff’s prior motions without seeking dismissal. Consequently, the Supreme Court’s order denying the cross-motion to dismiss was affirmed.
The court’s words
the Feder defendants waived their right to seek dismissal of the complaint insofar as asserted against them pursuant to CPLR 3215(c) by opposing Everhome's prior motions without seeking to dismiss the complaint pursuant to CPLR 3215(c)
2026 NY Slip Op 05407, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05407 |
| Area of law | Civil Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05407 |
| 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 | 178 |
Recommended citation
ESQ HQ, New York Law Watch, NewRez, LLC v Shannon, 2026 NY Slip Op 05407 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05407/
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