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Its, ordered that actions (No. 004) by the plaintiff having an order vacating the judgment away from property foreclosure and you can selling, cancelling this new find out-of pendency and you will granting the brand new plaintiff log off to discontinue this financial foreclosure step is known as less than CPLR 3217, 5015 and 6514 that’s declined.

It mortgage property foreclosure step was began by the above-named plaintiff by the submitting of the summons and you will grievance working of the clerk to the . An order fixing the fresh defaults when you look at the responding of defendants and appointing a good referee in order to calculate was provided abreast of the fresh plaintiff’s ex lover zona application with the . Brand new declaration of one’s referee so you can compute is verified on the wisdom regarding property foreclosure and sales that has been joined by the clerk into ed plaintiff ceased their procedures because it was removed over by the Lender from The usa.

By instantaneous activity (Zero. 004), the advice for the entitled plaintiff, without the elaboration of its preservation of the people replacement to the now defunct titled plaintiff, seeks your order vacating brand new judgment from foreclosure and you may marketing, cancelling the brand new find away from pendency and granting the new plaintiff get-off so you’re able to cease it mortgage foreclosures action. The only real surface alleged is as uses:

“After commencement associated with action and you can following the Judgment out-of Foreclosure and you will Income was registered, plaintiff questioned that action become deserted. For this reason, affirmant are requesting brand new discontinuance regarding the action, vacature of View regarding Foreclosures and you will Sales, release of the new appointed referee and you will cancellation of one’s notice of pendency” ( get a hold of seven of acceptance out of plaintiff’s the recommendations attached to moving 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 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 ). loans for 1500 bad credit 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)]).