Congratulations to the McCarter team of Adam Swanson, Jessie Bonaros, and Timothy Salter in securing for their client a victory from the Appellate Division, Second Department, affirming a lower court’s order finding that a foreclosure suit commenced by the client was timely under CPLR 205(a) and CPLR 205-a, the latter of which is only applicable in foreclosure actions pursuant to New York’s Foreclosure Abuse Prevention Act. The Second Department followed the First and Third Departments by holding, for the first time, that the “termination” of a prior suit for the purpose of calculating the six-month period to recommence is not measured from the entry of a dismissal order entered on default, but rather, from the entry of an order denying a motion to vacate that default.
8.21.2026