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Its, purchased this particular motion (No. 004) from the plaintiff to possess an order vacating the wisdom off foreclosure and you will sales, cancelling the fresh new notice out of pendency and you may giving the new plaintiff leave so you’re able to stop it mortgage foreclosures action is less than CPLR 3217, 5015 and you can 6514 which can be declined.
It mortgage property foreclosure action try began from the above named plaintiff because of the filing of your summons and you can complaint at the job of your own clerk into the . An order restoring the defaults within the answering of one’s defendants and you will appointing a beneficial referee in order to compute was provided through to the brand new plaintiff’s ex parte software into . The newest statement of referee in order to compute is affirmed throughout the view regarding foreclosure and you can deals which had been joined from the clerk to your ed plaintiff ceased their procedures since it had been drawn more by Bank off The united states.
From the instant activity (Zero. 004), the advice into called plaintiff, with no elaboration of their storage from the people successor towards the today defunct entitled plaintiff, tries your order vacating this new judgment out of foreclosure and marketing, cancelling brand new notice out of pendency and you may giving the brand new plaintiff get off so you can stop so it mortgage foreclosures step. The sole floor so-called can Appleton savings and installment loan be as follows:
“Immediately after commencement on the step and you will pursuing the Wisdom regarding Property foreclosure and you can Income is actually joined, plaintiff questioned the action feel abandoned. Thus, affirmant are asking for the newest discontinuance with the step, vacature of the Wisdom off Foreclosure and you can Selling, launch of the latest designated referee and termination of one’s find of pendency” ( get a hold of 7 of your own endorsement out of plaintiff’s guidance 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)]).