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Its, ordered that this actions (Zero. 004) from the plaintiff having an order vacating brand new view regarding property foreclosure and you will sale, cancelling the brand new notice out-of pendency and you will granting the new plaintiff exit to cease that it home loan foreclosures action is known as around CPLR 3217, 5015 and you will 6514 that will be refuted.

That it financial foreclosure action try began from the above-named plaintiff of the filing of summons and you may criticism at the office of clerk toward . Your order fixing brand new defaults for the answering of your own defendants and you can appointing an excellent referee so you’re able to compute is issued abreast of the fresh new plaintiff’s ex lover parte software toward . The fresh new report of your referee to help you calculate was verified in the judgment of foreclosure and you may sale that has been registered of the clerk into the ed plaintiff stopped the surgery because it was pulled more than by Lender away from America.

From the immediate activity (No. 004), counsel towards called plaintiff, without having any https://paydayloancolorado.net/sierra-ridge/ elaboration of their storage of the one successor with the now defunct entitled plaintiff, seeks an order vacating the fresh view out of foreclosures and you can purchases, cancelling the latest observe of pendency and you will giving the fresh new plaintiff get-off to help you cease so it financial foreclosures step. The only floor alleged is really as employs:

“Once beginning regarding the action and you can pursuing the View of Foreclosures and you will Sale was registered, plaintiff expected that step getting abandoned. Hence, affirmant is requesting the discontinuance with the step, vacature of the Wisdom regarding Property foreclosure and you may Sales, discharge of this new appointed referee and you can cancellation of the see regarding pendency” ( see eight of acceptance out-of plaintiff’s counsel attached 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 ., 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)]).