Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06112
Mortgage Assets Mgt., LLC v Robinson
Read the official decision: 2026 NY Slip Op 06112
Holding The court affirmed the dismissal of the mortgage foreclosure action as time-barred, holding that the statute of limitations began running upon the commencement of a prior action in 2014 and was not reset by its subsequent voluntary discontinuance. The court further granted the defendant’s counterclaim to cancel and discharge the mortgage under RPAPL 1501(4) due to the expiration of the limitations period.
The court’s words
the voluntary discontinuance of the 2014 action did not serve to revoke the acceleration of the mortgage debt or revive or reset the statute of limitations
2026 NY Slip Op 06112, at the official text
recording is not required to transfer title to real property
2026 NY Slip Op 06112, at the official text
the entire amount becomes due and the statute of limitations begins to run on the entire debt
2026 NY Slip Op 06112, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06112 |
| Area of law | Real Property |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06112 |
| 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 | 1377 |
Recommended citation
ESQ HQ, New York Law Watch, Mortgage Assets Mgt., LLC v Robinson, 2026 NY Slip Op 06112 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06112/
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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