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It is, purchased this activity (No. 004) by the plaintiff to own an order vacating the wisdom out of foreclosure and you may product sales, cancelling the latest find of pendency and granting the latest plaintiff get off so you’re able to stop which financial property foreclosure step is below CPLR 3217, 5015 and you may 6514 which is refuted.
That it loans Springville mortgage foreclosure action was began by above named plaintiff from the submitting of your summons and you may criticism at the office of clerk into . Your order repairing the defaults in answering of your defendants and appointing a great referee in order to compute try provided upon the latest plaintiff’s ex lover zona app to the . The latest statement of the referee so you can calculate is actually affirmed on the view regarding property foreclosure and you can marketing which was inserted of the clerk towards ed plaintiff stopped the surgery because it was taken more because of the Lender from America.
By instant action (Zero. 004), the recommendations for the called plaintiff, without the elaboration of its storage by the one replacement toward now defunct titled plaintiff, aims your order vacating this new view out-of property foreclosure and you can sale, cancelling the brand new find off pendency and you will giving the plaintiff get-off to help you discontinue that it mortgage foreclosures action. The actual only real surface alleged is just as follows:
“Once beginning on the action and you may pursuing the View from Foreclosures and you may Marketing was registered, plaintiff expected your action getting left behind. Thus, affirmant was asking for the fresh discontinuance of the action, vacature of your Wisdom of Property foreclosure and you will Business, launch of the brand new designated referee and cancellation of the see of pendency” ( discover seven of your own endorsement of plaintiff’s the advice connected with swinging paperwork).
“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)]).