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Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05933

Deutsche Bank National Trust Company v Pamela Merrill

Read the official decision: 2026 NY Slip Op 05933

Holding The court affirmed the dismissal of the foreclosure action and the grant of the counterclaim to cancel the mortgage, holding that the statute of limitations began running when the plaintiff accelerated the debt in a prior action. The court determined that the Foreclosure Abuse Prevention Act (FAPA) prevents the voluntary discontinuance of a prior action from reviving or resetting the statute of limitations.

The court’s words

no party may, in form or effect, unilaterally revive or reset the accrual thereof

2026 NY Slip Op 05933, at the official text

the six-year statute of limitations began to run in November 2009 when the plaintiff commenced the 2009 action

2026 NY Slip Op 05933, at the official text
CourtAppellate Division, Second Department
DecidedOctober 14, 2026
Citation2026 NY Slip Op 05933
Area of lawReal Property
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05933
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1170

Recommended citation

ESQ HQ, New York Law Watch, Deutsche Bank National Trust Company v Pamela Merrill, 2026 NY Slip Op 05933 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05933/

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 14, 2026. Updated October 14, 2026.