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Its, purchased this actions (No. 004) by plaintiff to have an order vacating brand new wisdom of foreclosures and sales, cancelling new see off pendency and you may giving this new plaintiff leave so you can cease that it financial property foreclosure action represents significantly less than CPLR 3217, 5015 and you may 6514 which can be rejected.
Which mortgage foreclosure step was commenced by above named plaintiff of the processing of your summons and you may grievance working of your own clerk to your . An order repairing the latest non-payments for the answering of your own defendants and you can appointing a referee to compute try issued up on the fresh new plaintiff’s ex lover zona app towards the . Brand new report of the referee in order to compute was affirmed on wisdom out of foreclosures and you can sales which was joined from the clerk on ed plaintiff ceased the businesses whilst ended up being removed more from the Bank from The usa.
By instantaneous actions (Zero. 004), counsel on entitled plaintiff, with no elaboration of the maintenance by the people replacement to the today defunct titled plaintiff, seeks an order vacating the new view regarding property foreclosure and you may sale, cancelling brand new see out-of pendency and you may granting the plaintiff get off to help you stop this financial property foreclosure step. The sole soil so-called is really as employs:
“Once commencement of the action and you can adopting the View regarding Foreclosures and you may Sales are joined, plaintiff asked that action be deserted. Ergo, affirmant is requesting the new discontinuance associated with action, vacature of your Wisdom from Foreclosure and Marketing, discharge of new appointed referee and cancellation of one’s notice out-of pendency” ( discover seven of one’s acceptance from plaintiff’s counsel attached to moving records).
“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)]).
