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The Filing of a Settlement Conference RJI Insufficient -- This Time -- to Avoid Dismissal Under CPLR 3215(c)
CPLR 3215(c) mandates dismissal of a complaint as abandoned if a plaintiff fails to take proceedings for a default judgment within one year of a defendant’s default, unless “sufficient cause” (a reasonable excuse and potentially meritorious claim) is shown. Recent cases clarify what qualifies as “taking proceedings.”
Jonathan Freiberger
6 hours ago4 min read
CPLR 322(a) Permits a Defendant to Demand Proof of Plaintiff’s Counsel’s Authority to Commence an Action Affecting Title to Real Property
CPLR 322(a) permits a defendant in an action affecting title to real property to demand proof that the plaintiff’s counsel was authorized to commence the action.
Jonathan Freiberger
May 14 min read
The Appellate Division, First Department, Holds That FAPA’s Retroactive Application Does Not Invalidate Stipulation In Prior Foreclosure Action Tolling Statute of Limitations
By Jonathan H. Freiberger On March 17, 2026, the Appellate Division, First Department, decided HSBC Bank USA, N.A. v. Nicholas , a mortgage foreclosure action that addresses many of the issues raised in our prior BLOG articles. HSBC involves the Foreclosure Abuse Prevention Act (“FAPA”), and the statute of limitations in foreclosure actions. By way of brief background, FAPA went into effect in December of 2022, and “represents the Legislature’s response to litigation strat
Jonathan Freiberger
Mar 214 min read
Lender Deserves an “A” for Effort in Attempting to Side-step the Statute of Limitations Implications of Reliance on CPLR 3217(b)
On January 28, 2026, the Appellate Division, Second Department, decided Deutsche Bank National Trust Company v. Starr, a mortgage foreclosure action that addresses many of the issues raised in our prior BLOG articles.
Jonathan Freiberger
Jan 304 min read
Just When You Thought It Could Not Get More Unanimous, The Court of Appeals Determines that FAPA’s Retroactive Application Does Not Violate the Due Process or Contract Clauses of the United States ...
By: Jonathan H. Freiberger Last Week in our BLOG article: “ It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA ,” we again discussed FAPA and noted that on November 25, 2025, the New York Court of Appeals decided two cases: Article 13 LLC v. Ponce De Leon Fed. Bank , and Van Dyke v. U.S. Bank, N. A. , in which the Court determined that retroactive application of FAPA’s provisions passes constitutional muster und
Jonathan Freiberger
Dec 5, 20257 min read
It’s Unanimous – The Fourth Department Joins the Other Departments and Confirms the Retroactive Application of FAPA
Today’s article is about MCLP Asset Co. v. Zaveri, an action that involves numerous areas of the law about which we frequently write -- mortgage foreclosure, FAPA, CPLR 205(a), CPLR 205-A and statutes of limitation.
Jonathan Freiberger
Nov 28, 20257 min read
Second Department Affirms Denial of Summary Judgment in Mortgage Foreclosure Action For Failure to Demonstrate Compliance with RPAPL 1304
The Second Department has stated that an “RPAPL 1304 notice is a notice pursuant to the Home Equity Theft Prevention Act (Real Property Law § 265-a), the underlying purpose of which is to afford greater protections to homeowners confronted with foreclosure.”
Jonathan Freiberger
Aug 22, 20255 min read
Second Department Once Again Finds that Evidentiary Failures Regarding Lender’s Standing in Mortgage Foreclosure Action Warrant Reversal of Judgment of Foreclosure and Sale
This Blog has frequently written about numerous different issues regarding residential mortgage foreclosure. One recurring issue relates to the evidentiary proof necessary for the lender to satisfy its prima facie foreclosure case and/or to demonstrate its standing to commence its foreclosure action (when the borrower raises standing as a defense).
Jonathan Freiberger
Mar 25, 20224 min read
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