Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05823
U.S. Bank National Association v Mahmood Ali, et al.
Read the official decision: 2026 NY Slip Op 05823
Holding The Appellate Division reversed the lower court’s grant of summary judgment and foreclosure because the plaintiff failed to establish compliance with HUD regulations requiring a meeting prior to debt acceleration. The court determined that the defendant’s affirmative defense regarding this regulatory failure was sufficiently pleaded under CPLR 3015(a).
The court’s words
the affirmative defense alleging a failure to comply with 24 CFR 203.604 was pleaded with the particularity required by CPLR 3015(a)
2026 NY Slip Op 05823, at the official text
the plaintiff failed to establish that it complied with that regulation or that it was exempt from complying with it
2026 NY Slip Op 05823, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05823 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05823 |
| 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 | 1046 |
Recommended citation
ESQ HQ, New York Law Watch, U.S. Bank National Association v Mahmood Ali, et al., 2026 NY Slip Op 05823 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05823/
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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