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It is, purchased that motion (Zero. 004) because of the plaintiff to own an order vacating the fresh wisdom regarding property foreclosure and product sales, cancelling the newest notice regarding pendency and you can granting the newest plaintiff get-off to discontinue this mortgage property foreclosure action is known as less than CPLR 3217, 5015 and you may 6514 and that is rejected.
So it mortgage foreclosure step was commenced by above-named plaintiff from the filing of one’s summons and you may problem at the office of clerk with the . An order repairing this new non-payments during the reacting of defendants and you may appointing an excellent referee to help you calculate are provided abreast of the fresh new plaintiff’s ex zona application on the . The statement of one’s referee so you can calculate try affirmed throughout the wisdom out-of foreclosures and you may purchases which was entered by the clerk on ed plaintiff ceased their procedures whilst was taken more than from the Financial out of The usa.
By the immediate motion (No. 004), guidance towards the titled plaintiff, with no elaboration of the storage by the any replacement toward now defunct entitled plaintiff, seeks an order vacating new view off foreclosure and you may income, cancelling the brand new find from pendency and you may giving this new plaintiff leave so you’re able to discontinue which home loan foreclosure step. The only real surface alleged is as uses:
“Immediately after beginning in the action and you can after the Wisdom off Foreclosures and you will Profit try joined, plaintiff asked that the action be discontinued. For this reason, affirmant try requesting the newest discontinuance associated with the step, vacature of your Wisdom out of Foreclosure and you will Deals, discharge of new appointed referee and termination of your own observe from pendency” ( get a hold of eight of your own acceptance out of plaintiff’s the recommendations connected click to read with 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)]).