Nationstar Mtge., LLC v Greenfeld

Holding The court affirmed the dismissal of the foreclosure action as time-barred, holding that the Foreclosure Abuse Prevention Act (FAPA) retroactively applied to preclude the plaintiff from using the CPLR 205(a) savings provision. The court determined that a dismissal under CPLR 3215(c) constitutes neglect to prosecute under FAPA, thereby barring the plaintiff from relying on the six-month savings provision to revive the claim.

The court’s words

the plaintiff's contention that it was entitled to rely on the savings provision of CPLR 205(a), notwithstanding the dismissal of the prior action pursuant to CPLR 3215(c), is precluded by FAPA

2026 NY Slip Op 06445, at the official text

FAPA specifically defines a dismissal pursuant to CPLR 3215(c) as a type of neglect that precludes a plaintiff from taking advantage of the six-month savings provision of CPLR 205-a

2026 NY Slip Op 06445, at the official text

the Supreme Court correctly determined that CPLR 205-a applies retroactively to this action and that such retroactive application does not violate the plaintiff's due process rights

2026 NY Slip Op 06445, at the official text