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Its, ordered that the activity (No. 004) because of the plaintiff getting your order vacating the fresh judgment off property foreclosure and you may product sales, cancelling the new notice from pendency and granting the new plaintiff get-off in order to stop which financial foreclosure action is considered not as much as CPLR 3217, 5015 and you can 6514 and that is declined.
So it financial foreclosure step is actually commenced of the above named plaintiff from the submitting of summons and you will problem working of one’s clerk on . An order repairing the defaults during the reacting of one’s defendants and you will appointing a referee so you can compute is given through to the new plaintiff’s ex lover zona app towards . New statement of your own referee in order to calculate was affirmed regarding the judgment regarding foreclosure and you will sales that has been entered of the clerk into the ed plaintiff ceased the operations whilst got removed more because of the Financial regarding The usa.
By immediate actions (Zero. 004), the recommendations to your entitled plaintiff, without having any elaboration of their preservation of the any replacement to the now defunct entitled plaintiff, aims your order vacating the fresh view from property foreclosure and you may deals, cancelling the brand new find of pendency and you will granting the plaintiff log off so you’re able to discontinue which financial property foreclosure step. The sole ground alleged is as observe:
“Once beginning of step and you may adopting the Judgment away from Foreclosure and you may Revenue is actually registered, plaintiff expected your step become deserted. Ergo, affirmant is actually asking for the latest discontinuance in the action, vacature of one’s Wisdom away from Foreclosures and you may Sales, launch of this new appointed referee and cancellation of your own see out-of pendency” ( see 7 of your affirmation of plaintiff’s guidance attached 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 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)]).