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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05825 |
| Area of law | Civil Procedure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05825 |
| 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 | 1048 |
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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