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Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06102

HSBC Bank USA, N.A. v Min Young You

Read the official decision: 2026 NY Slip Op 06102

Holding The court affirmed the lower court’s decision granting the defendants’ motion to renew and dismissing the foreclosure complaint as time-barred. The court held that the Foreclosure Abuse Prevention Act (FAPA) retroactively amended CPLR 3217(e) to prevent the voluntary discontinuance of a prior foreclosure action from resetting the statute of limitations.

The court’s words

the voluntary discontinuance of the 2009 action did not serve to revive or reset the statute of limitations

2026 NY Slip Op 06102, at the official text

the defendants' cross-motion for leave to renew was not untimely

2026 NY Slip Op 06102, at the official text

the six-year statute of limitations began to run in July 2009, when HSBC Corp. commenced the 2009 action

2026 NY Slip Op 06102, at the official text

the instant action was commenced in March 2018, more than six years later

2026 NY Slip Op 06102, at the official text
CourtAppellate Division, Second Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 06102
Area of lawMortgage Foreclosure · Real Property · Civil Procedure
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06102
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1367

Recommended citation

ESQ HQ, New York Law Watch, HSBC Bank USA, N.A. v Min Young You, 2026 NY Slip Op 06102 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06102/

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 21, 2026. Updated October 21, 2026.