Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06430
MTGLQ Investors, L.P. v Mazza
Read the official decision: 2026 NY Slip Op 06430
Holding The court affirmed the dismissal of the foreclosure action as time-barred because the debt was accelerated by a prior action that was dismissed for neglect, thereby precluding the plaintiff from using the savings provision of CPLR 205-a under the Foreclosure Abuse Prevention Act. The court further held that the retroactive application of FAPA to this action was constitutional and did not violate due process or contract clauses.
The court’s words
the plaintiff is not entitled to the benefit of the savings provision of CPLR 205-a
2026 NY Slip Op 06430, at the official text
the mortgage debt was accelerated and the six-year statute of limitations began to run in February 2010
2026 NY Slip Op 06430, at the official text
the 2010 action was dismissed as abandoned pursuant to CPLR 3215(c)
2026 NY Slip Op 06430, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06430 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06430 |
| 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 | 1725 |
Recommended citation
ESQ HQ, New York Law Watch, MTGLQ Investors, L.P. v Mazza, 2026 NY Slip Op 06430 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06430/
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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