ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05525

MTGLQ Investors, L.P. v Rivera

Read the official decision: 2026 NY Slip Op 05525

Holding The court held that the original foreclosure action was effectively discontinued as a matter of law when the plaintiff’s predecessor commenced a second foreclosure action without leave of court. Consequently, the court lacked jurisdiction to restore the original action to the active calendar, requiring the dismissal of the complaint against the defendant.

The court’s words

the former action shall be deemed discontinued upon the commencement of the other action

2026 NY Slip Op 05525, at the official text

a court lacks jurisdiction to entertain a motion after the action has been unequivocally terminated

2026 NY Slip Op 05525, at the official text

the effective abandonment of the action constitutes a de facto discontinuance

2026 NY Slip Op 05525, at the official text

no express, unconditional stipulation of discontinuance was executed in this action

2026 NY Slip Op 05525, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05525
Area of lawMortgage Foreclosure · Real Property
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05525
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id700

Recommended citation

ESQ HQ, New York Law Watch, MTGLQ Investors, L.P. v Rivera, 2026 NY Slip Op 05525 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05525/

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