Wilmington Savings Fund Society, FSB v Kogan

Holding The court held that the plaintiff was estopped from arguing that the mortgage debt was not validly accelerated by a prior 2007 action because that action was dismissed for failure to comply with a court order, not for lack of standing. Consequently, the 2015 foreclosure action was time-barred under the six-year statute of limitations.

The court’s words

if the statute of limitations is raised as a defense, and if that defense is based on a claim that the instrument at issue was accelerated prior to, or by way of commencement of a prior action, a plaintiff shall be estopped from asserting that the instrument was not validly accelerated

2026 NY Slip Op 06485, at the official text

the 2007 action was not dismissed based on an expressed judicial determination, made upon a timely interposed defense, that the instrument was not validly accelerated

2026 NY Slip Op 06485, at the official text

the plaintiff is estopped from asserting in this action that the debt was not validly accelerated by the commencement of the 2007 action

2026 NY Slip Op 06485, at the official text