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Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05767

Deutsche Bank Natl. Trust Co. v Fales

Read the official decision: 2026 NY Slip Op 05767

Holding The Appellate Division reversed the judgment of foreclosure and sale because the plaintiff failed to proffer a reasonable excuse for its delay in seeking a default judgment within one year of the defendant’s default. Consequently, the court granted the defendant’s cross-motion to dismiss the complaint as abandoned pursuant to CPLR 3215(c).

The court’s words

the plaintiff failed to proffer a reasonable excuse for its lengthy delay in seeking a default judgment

2026 NY Slip Op 05767, at the official text

conclusory and unsubstantiated assertions that periods of delay were attributable to loss mitigation discussions

2026 NY Slip Op 05767, at the official text

the court shall not enter judgment but shall dismiss the complaint as abandoned

2026 NY Slip Op 05767, at the official text
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05767
Area of lawMortgage Foreclosure · Civil Procedure
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05767
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id990

Recommended citation

ESQ HQ, New York Law Watch, Deutsche Bank Natl. Trust Co. v Fales, 2026 NY Slip Op 05767 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05767/

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 October 7, 2026. Updated October 7, 2026.