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Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05825

Wells Fargo Bank, N.A. v Sharf

Read the official decision: 2026 NY Slip Op 05825

Holding The court held that a sua sponte order directing a plaintiff to file an affirmation or face dismissal is not a self-executing conditional order that automatically dismisses the action. Consequently, the plaintiff was entitled to vacate the order and restore the action to the active calendar without demonstrating a reasonable excuse or meritorious claim.

The court’s words

The procedural device of dismissing a [complaint] for failure to prosecute is a legislative creation, not part of a court's inherent power

2026 NY Slip Op 05825, at the official text

the marking-off procedures of CPLR 3404 do not apply to pre-note of issue actions such as this one

2026 NY Slip Op 05825, at the official text

the plaintiff was not required to demonstrate a reasonable excuse and a meritorious claim

2026 NY Slip Op 05825, at the official text
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05825
Area of lawCivil Procedure
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05825
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1048

Recommended citation

ESQ HQ, New York Law Watch, Wells Fargo Bank, N.A. v Sharf, 2026 NY Slip Op 05825 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05825/

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.