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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05767 |
| Area of law | Mortgage Foreclosure · Civil Procedure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05767 |
| 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 | 990 |
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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