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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
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06343
Area of lawMortgage Foreclosure
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06343
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1622

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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Published October 28, 2026. Updated October 28, 2026.