New York Court Finds an Action is Timely in Some Circumstances in CPLR 205(a) Decision
The Appellate Division of the New York Supreme Court's First Department recently issued a decision addressing the calculation of the six-month timeframe permitted to file a new action, according to New York's Civil Practice Law & Rules (CPLR) 205(a) and following the termination of a prior action. The First Department concluded that an action is timely if it is brought within six months of the termination of time to appeal a denial of a motion to renew.
In Deutsche Bank Nat'l Trust Co. v. Gouin, a first foreclosure action was commenced in 2012 and dismissed under CPLR 3215(c) [failure to seek a default judgment] August 6, 2018. The plaintiff filed a notice of appeal but did not perfect its appeal. 
CPLR 205(a), with limited exceptions, allows for the commencement of a new action after the termination of a prior timely action, provided that the commencement and service of the new action take place within six months of the termination of the prior action. The First Department held that, according to CPLR 205(a), the second action was timely because the "order denying plaintiff's motion to renew was appealable as of right" and the prior "action did not terminate until plaintiff's time to appeal that order had expired and its appeals as of right were exhausted." The fact that the plaintiff did not appeal from the denial of the motion to renew and reargue was not a factor in determining that the second action was timely because that denial was appealable as of right.
Lenders should review their portfolios to determine whether any previously dismissed action could be the subject of a timely viable motion to renew. If so, they should promptly proceed with a motion.
Topics
Related Capabilities
Featured Insights

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026

In The News
Apr 14, 2026
Bloomberg Law Recaps Panels Presented at Hinshaw's 25th Anniversary LMRM Conference

In The News
Apr 14, 2026
Michael Dowell Discusses the Uncertain Impact of Growing Medicare Advantage Scrutiny

Privacy, Cyber & AI Decoded Alert
Apr 9, 2026
6 Key Takeaways From the IAPP 2026 Global Summit for Privacy Compliance Professionals



