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Its, purchased this motion (No. 004) from the plaintiff for an order vacating the brand new judgment away from foreclosure and business, cancelling new observe of pendency and you may giving the plaintiff exit in order to stop that it home loan foreclosures step is not as much as CPLR 3217, 5015 and you can 6514 that is declined.
Which financial property foreclosure step are began by above named plaintiff by filing of summons and you may grievance at your workplace of one’s clerk to your . An order fixing the non-payments for the responding of one’s defendants and appointing a great referee so you can compute are given on the fresh new plaintiff’s ex lover parte application into the . The report of one’s referee so you’re able to calculate was verified in the judgment regarding property foreclosure and you will profit which had been entered from the clerk for the ed plaintiff ceased their surgery because it was actually removed over from the Lender out-of America.
Because of the immediate actions (Zero. 004), the recommendations to the called plaintiff, without the elaboration of the maintenance because of the people replacement to the now defunct titled plaintiff, aims your order vacating the newest wisdom out of foreclosure and you will profit, cancelling new see out of pendency and you can giving the newest plaintiff hop out so you’re able to discontinue which financial foreclosures action. The only real ground alleged can be as pursue:
“Just after beginning with the action and you will after the View out-of Foreclosures and you may Product sales is inserted, plaintiff asked the action getting discontinued. Hence, affirmant is actually asking for new discontinuance for the step, vacature of your own Judgment from Property foreclosure and you can Business, launch of the fresh new appointed referee and you may termination of your own notice from pendency” ( find eight of the affirmation off plaintiff’s guidance linked to moving documentation).
“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 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)]).