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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06102 |
| Area of law | Mortgage Foreclosure · Real Property · Civil Procedure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06102 |
| 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 | 1367 |
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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