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It is, ordered this actions (No. 004) by the plaintiff having your order vacating the latest judgment out of foreclosures and you may selling, cancelling the find away from pendency and giving the newest plaintiff get off in order to stop that it mortgage property foreclosure action is less than CPLR 3217, 5015 and you can 6514 that is denied.
That it home loan property foreclosure action is commenced by the above named plaintiff of the processing of your summons and you can grievance where you work of one’s clerk towards . Your order repairing new defaults in reacting of your defendants and you can appointing a referee so you can calculate is given upon the latest plaintiff’s ex lover zona software towards . The brand new statement of your referee so you’re able to calculate was verified regarding the view off foreclosures and you will business that has been joined of the clerk to the ed plaintiff ceased its functions since it ended up being removed over of the Lender out-of America.
Of the instant motion (No. 004), the advice on the titled plaintiff, without any elaboration of their retention of the one successor on the today defunct called plaintiff, seeks your order vacating the latest view out-of property foreclosure and you may sales, cancelling new see out-of pendency and giving brand new plaintiff get-off to cease which home loan foreclosure step. The only real crushed so-called can be as follows:
“Immediately after beginning of action and you may after the Wisdom away from Foreclosure and you can Profit try registered, plaintiff expected that action become left behind. Therefore, affirmant is actually asking for this new discontinuance associated with the action, vacature of one’s Judgment regarding Foreclosures and you will Deals, discharge of the fresh appointed referee and termination of your own observe regarding pendency” ( look for 7 of your approval regarding plaintiff’s counsel attached to swinging papers).
“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 installment loan Hudson ” (emphasis added)]).