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Its, ordered that the activity (No. 004) by the plaintiff to own your order vacating the brand new view regarding foreclosure and you can profit, cancelling this new find of pendency and you will giving the brand new plaintiff hop out so you’re able to cease which financial property foreclosure step is regarded as lower than CPLR 3217, 5015 and you can 6514 and that’s rejected.

That it home loan property foreclosure action was began by above named plaintiff from the submitting of summons and you may ailment in the office of your own clerk on . An order repairing the latest non-payments during the reacting of the defendants and you may appointing a good referee so you’re able to calculate try granted upon the latest plaintiff’s ex lover zona app towards the . The fresh statement of referee so you can calculate try confirmed on judgment out of foreclosures and you may product sales which was entered from the clerk for the ed plaintiff stopped the businesses because ended up being taken more of the Bank from The united states.

From the quick actions (Zero. 004), guidance with the called plaintiff, without the elaboration of its retention of the one successor into now defunct called plaintiff, tries an order vacating the fresh new judgment out-of foreclosures and you may revenue, cancelling brand new see out of pendency and you can giving the new plaintiff get off to discontinue which mortgage foreclosure step. The actual only real soil alleged can be pursue:

“Just after beginning regarding the action and you may following the Wisdom out-of Foreclosure and you will Purchases is joined, plaintiff asked the step become left behind. Thus, affirmant is actually asking for the brand new discontinuance of the action, vacature of your own View of Foreclosure and you can Purchases, launch of this new appointed referee and you will termination of the find out of pendency” ( get a hold of eight of one’s affirmation out of plaintiff’s counsel attached to swinging paperwork).

“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)]).

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