ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 06100
Area of lawMortgage Foreclosure · Real Property · Civil Procedure
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06100
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1365

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.

Read how Law Watch works

Published October 21, 2026. Updated October 21, 2026.