Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05990
U.S. Bank, NA v Lang
Read the official decision: 2026 NY Slip Op 05990
Holding The court affirmed the dismissal of the foreclosure action as time-barred because the Foreclosure Abuse Prevention Act (FAPA) replaced the CPLR 205(a) savings provision with CPLR 205-a, which does not apply to prior actions dismissed as abandoned. Consequently, the plaintiff could not rely on the six-month savings provision to toll the statute of limitations for the new action.
The court’s words
FAPA replaced the savings provision of CPLR 205(a) with CPLR 205-a in actions upon instruments described in CPLR 213(4)
2026 NY Slip Op 05990, at the official text
a plaintiff is not entitled to the benefit of the six-month savings provision where, as here, the prior action was dismissed as abandoned pursuant to CPLR 3215(c)
2026 NY Slip Op 05990, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05990 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05990 |
| 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 | 1227 |
Recommended citation
ESQ HQ, New York Law Watch, U.S. Bank, NA v Lang, 2026 NY Slip Op 05990 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05990/
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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