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Its, ordered that the action (Zero. 004) by plaintiff to have an order vacating the latest judgment of property foreclosure and profit, cancelling the new find of pendency and granting the latest plaintiff get off so you can stop so it home loan property foreclosure step is below CPLR 3217, 5015 and you will 6514 that will be rejected.
That it home loan property foreclosure action try began by the above named plaintiff of the submitting of your own summons and you may grievance at the office of your clerk into the . An order restoring the fresh defaults during the responding of your own defendants and appointing good referee to calculate was granted abreast of the plaintiff’s ex installment loans no credit check direct lenders only lover parte app on . The brand new statement of the referee to help you calculate are confirmed on view of foreclosures and you may business that has been entered by clerk into ed plaintiff stopped their businesses because is pulled more by the Bank away from The usa.
From the immediate activity (Zero. 004), counsel to your named plaintiff, with no elaboration of their retention from the people successor with the now defunct called plaintiff, seeks your order vacating the brand new judgment out of foreclosures and you can product sales, cancelling this new see out of pendency and you will granting this new plaintiff hop out in order to stop that it mortgage property foreclosure step. The only floor so-called is just as uses:
«After commencement of action and you will following the View off Property foreclosure and you will Sales is registered, plaintiff expected that step feel abandoned. Hence, affirmant are requesting the discontinuance on the action, vacature of one’s Judgment away from Foreclosures and you can Profit, launch of the brand new designated referee and you will cancellation of your own find out-of pendency» ( select eight of your own acceptance out-of plaintiff’s the advice linked to swinging documents).
«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)]).