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It is, ordered this activity (No. 004) by plaintiff to possess your order vacating the newest judgment away from property foreclosure and you may sale, cancelling the see regarding pendency and granting the latest plaintiff hop out so you can stop that it financial foreclosures action is considered lower than CPLR 3217, 5015 and you may 6514 which can be refuted.
Which mortgage foreclosures step was began by the above named plaintiff from the filing of your own summons and complaint at your workplace of the clerk toward . Your order fixing the new non-payments inside the responding of your defendants and you will appointing a referee so you can calculate are issued abreast of the fresh plaintiff’s ex zona application for the . The fresh report of the referee to help you compute was confirmed on the judgment of property foreclosure and you can sales which had been registered because of the clerk into ed plaintiff stopped their procedures since it was pulled more by Bank away from The usa.
By the quick action (Zero. 004), counsel towards titled plaintiff, without any elaboration of its retention of the people successor for the today defunct named plaintiff, tries an order vacating the latest wisdom out-of foreclosure and you may sales, cancelling the fresh observe off pendency and you will giving new plaintiff leave so you can stop this mortgage foreclosures action. Truly the only crushed alleged is just as employs:
“Immediately following beginning regarding the action and you may after the Judgment out of Property foreclosure and you may Business are joined, plaintiff expected that the action getting discontinued. Ergo, affirmant was requesting the latest discontinuance associated with the action, vacature of one’s Judgment out of Foreclosures and you will Sale, launch of the new appointed referee and you can cancellation of your observe of pendency” ( find 7 of your endorsement regarding plaintiff’s the advice linked to moving files).
“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 Kansas personal funding loans., 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)]).
