Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06163
U.S. Bank, N.A. v Nektalov
Read the official decision: 2026 NY Slip Op 06163
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Holding The court held that the plaintiff satisfied the requirements of CPLR 3215(c) by moving for an order of reference within one year of the default. The denial of that motion did not negate the plaintiff’s timely initiation of proceedings to obtain a judgment.
The court’s words
It is enough that the plaintiff timely takes the preliminary step toward obtaining a default judgment of foreclosure and sale by moving for an order of reference to establish that it initiated proceedings for entry of a judgment within one year of the default for the purposes of satisfying CPLR 3215(c)
2026 NY Slip Op 06163, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06163 |
| Area of law | Civil Procedure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06163 |
| 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 | 1428 |
Recommended citation
ESQ HQ, New York Law Watch, U.S. Bank, N.A. v Nektalov, 2026 NY Slip Op 06163 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06163/
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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