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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05519 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05519 |
| 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 | 694 |
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.
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