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It is, bought that the actions (No. 004) by plaintiff having your order vacating the fresh new view regarding foreclosures and you may deals, cancelling the new find of pendency and granting brand new plaintiff get off so you’re able to stop which home loan property foreclosure action represents not as much as CPLR 3217, 5015 and 6514 which will be rejected.
So it financial property foreclosure action was commenced because of the above-named plaintiff by the submitting of the summons and you can ailment in the office of your clerk into the . Your order repairing the latest defaults in responding of the defendants and appointing a referee so you’re able to compute try given upon the plaintiff’s ex zona application on . Brand new statement of your referee so you can calculate try verified about view away from foreclosures and you will selling that has been entered because of the clerk into the ed plaintiff ceased their procedures since it ended up being removed more than of the Bank regarding The united states.
Because of the immediate actions (Zero. 004), guidance towards titled plaintiff, with no elaboration of their retention from the people replacement on the now defunct called plaintiff, seeks your order vacating brand new wisdom from foreclosures and you may business, cancelling the new find away from pendency and you may granting this new plaintiff get off in order to cease it home loan property foreclosure action. The actual only real soil alleged can be as comes after:
“Immediately following commencement from the action and you may after the Judgment of Foreclosure and you can Selling is entered, plaintiff expected that the step become abandoned. Hence, affirmant try requesting the discontinuance for the action, vacature of your View off Foreclosure and Selling, release of the newest appointed referee and you may termination of one’s observe away from pendency” ( find seven of one’s endorsement of plaintiff’s guidance linked to moving documents).
“It is elementary that a final judgment or order represents a valid and conclusive adjudication of the parties’ substantive rights” ( Da Silva v Musso , 76 NY2d 436, 440 ). A judgment <**39>of foreclosure and sale entered against a defendant is thus “final as to all questions at issue between the parties, and concludes all matters of defense which were or might have been litigated in the foreclosure action” ( Long Is. Sav. Bank v Mihalios , 269 AD2d 502, 503 [2d Dept 2000]; see New Horizons Invs. v Marine Midland Bank , 248 AD2d 449 [2d Dept 1998]; see also Signature Bank v Epstein , 95 AD3d 1199 [2d Dept 2012]). Doctrines such as law of the case, res judicata, collateral estoppel and full faith and credit serve to protect the sanctity and finality of judicial orders and judgments. They thus remain inviolate unless they are reversed by appellate processes or are vacated by the court itself under its inherent powers or those statutorily conferred upon it by CPLR 5015 ( see Matter Spring Garden loans of Huie [Furman] , 20 NY2d 568 ). While a court possesses both inherent and statutory powers to vacate a default judgment on certain grounds ( see Wilson v Galicia Contr. & Restoration Corp ., 10 NY3d 827, 830 ; Woodson v Mendon Leasing Corp. , 100 NY2d 62 ), nothing in the record adduced on the instant motion reveals that the drastic relief of vacatur is appropriate under the circumstances ( see Matter of Huie [Furman] , 20 NY2d 568, 572 [*3] [” Absent the sort of circumstances mentioned in CPLR 5015, . . . a determination of a court from which no appeal has been taken ought to remain inviolate ” (emphasis added)]).