Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06343
U.S. Bank Natl. Assn. v Ford
Read the official decision: 2026 NY Slip Op 06343
Holding The court affirmed the dismissal of the foreclosure action as time-barred, determining that the Foreclosure Abuse Prevention Act (FAPA) constituted a change in the law that warranted reconsideration of the statute of limitations. Under FAPA, the voluntary discontinuance of prior foreclosure actions did not revive or reset the limitations period for the current action.
The court’s words
the voluntary discontinuances of the 2007 action and the 2008 action did not serve to reset or revive the statute of limitations
2026 NY Slip Op 06343, at the official text
the defendant demonstrated a subsequent change in the law that would warrant reconsideration of the issue of whether the action was untimely
2026 NY Slip Op 06343, at the official text
the voluntary discontinuance of such action, whether on motion, order, stipulation or by notice, shall not, in form or effect, waive, postpone, cancel, toll, extend, revive or reset the limitations period
2026 NY Slip Op 06343, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06343 |
| Area of law | Mortgage Foreclosure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06343 |
| 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 | 1622 |
Recommended citation
ESQ HQ, New York Law Watch, U.S. Bank Natl. Assn. v Ford, 2026 NY Slip Op 06343 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06343/
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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