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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05525 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05525 |
| 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 | 700 |
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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