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Its, ordered that this motion (Zero. 004) by plaintiff to own your order vacating the fresh view out-of foreclosure and you can revenue, cancelling this new see from pendency and you may giving this new plaintiff leave in order to stop which mortgage foreclosures action is recognized as around CPLR 3217, 5015 and you will 6514 which will be declined.
This mortgage foreclosure step was began because of the above-named plaintiff of the submitting of one’s summons and you can problem where you work of your clerk toward . Your order repairing this new non-payments when you look at the responding of your defendants and you may appointing good referee to help you compute is given abreast of new plaintiff’s ex zona app to your . The new statement of the referee to help you compute try affirmed on judgment away from foreclosure and you will income that was registered by clerk towards ed plaintiff stopped its procedures because was drawn more from the Lender out of America.
By quick activity (Zero. 004), the advice to your titled plaintiff, without the elaboration of its storage because of the one successor with the today defunct called plaintiff, seeks an order vacating the wisdom of foreclosures and you can sale, cancelling the fresh new observe off pendency and you can giving new plaintiff get off so you can stop that it mortgage foreclosures action. Really the only ground so-called is really as observe:
“Once beginning associated with action and you may following the Judgment from Foreclosures and you can Income is actually entered, plaintiff expected that step be left behind. For this reason, affirmant is asking for the fresh discontinuance from the step, vacature of Wisdom of Foreclosures and you may Marketing, release of the latest designated referee and you will termination of the observe off pendency” ( find 7 of acceptance away from plaintiff’s guidance attached to swinging 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 <**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)]).