ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05519

Flagstar Bank, FSB v Roberts

Read the official decision: 2026 NY Slip Op 05519

Holding The court affirmed the order vacating a dismissal for abandonment because the plaintiff’s timely request for a judicial intervention and settlement conference constituted sufficient proceedings to negate intent to abandon the action. Additionally, the court held that the motion to vacate the dismissal order was not subject to a specific time limitation.

The court’s words

Such formal requests generally constitute "proceedings to bring the case to a judgment, thereby negating any intent to abandon the action"

2026 NY Slip Op 05519, at the official text

that branch of the plaintiff's motion which was pursuant to CPLR 2221(a) to vacate the dismissal order and to restore the action to the active calendar was not subject to any specific time limitation

2026 NY Slip Op 05519, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05519
Area of lawCivil Procedure
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05519
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id694

Recommended citation

ESQ HQ, New York Law Watch, Flagstar Bank, FSB v Roberts, 2026 NY Slip Op 05519 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05519/

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

Published September 30, 2026. Updated September 30, 2026.