Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06100
Federal National Mortgage Association v Fishbein
Read the official decision: 2026 NY Slip Op 06100
Holding The Appellate Division affirmed the dismissal of the foreclosure action as time-barred, holding that the voluntary discontinuance of a prior action did not reset the statute of limitations under the Foreclosure Abuse Prevention Act. The court determined that the plaintiff could not unilaterally revive the accrual of the cause of action after the initial acceleration of the mortgage debt.
The court’s words
no party may, in form or effect, unilaterally revive or reset the accrual thereof
2026 NY Slip Op 06100, at the official text
the statute of limitations was not reset by the voluntary discontinuance of the 2009 action
2026 NY Slip Op 06100, at the official text
the defendant was not obligated to move to vacate his default in opposing the plaintiff's 2021 renewal motion
2026 NY Slip Op 06100, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06100 |
| Area of law | Mortgage Foreclosure · Real Property · Civil Procedure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06100 |
| 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 | 1365 |
Recommended citation
ESQ HQ, New York Law Watch, Federal National Mortgage Association v Fishbein, 2026 NY Slip Op 06100 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06100/
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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