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

In The News
Jul 16, 2026
Jennifer Driscoll Anticipates Epic Battle Between “Titans of the Antitrust Bar”

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers



