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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05933 |
| Area of law | Real Property |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05933 |
| 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 | 1170 |
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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