Deutsche Bank Natl. Trust Co. v Hira

Holding The foreclosure action was time-barred because the Foreclosure Abuse Prevention Act (FAPA) prevents a voluntary discontinuance of a prior action from revoking the acceleration of the mortgage debt. Consequently, the six-year statute of limitations began running when the initial action was commenced, rendering the subsequent action filed more than six years later invalid.

The court’s words

the voluntary discontinuance of such action, whether on motion, order, stipulation or by notice, shall not, in form or effect, waive, postpone, cancel, toll, extend, revive or reset the limitations period

2026 NY Slip Op 05515, at the official text

the plaintiff's voluntary discontinuance of the 2009 action did not serve to de-accelerate the mortgage debt or to revive or reset the statute of limitations

2026 NY Slip Op 05515, at the official text

the Supreme Court properly granted 8IN, LLC's, motion pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against it as time-barred

2026 NY Slip Op 05515, at the official text