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Its, purchased that action (Zero. 004) from the plaintiff to possess your order vacating the fresh wisdom of property foreclosure and selling, cancelling the new find away from pendency and granting the new plaintiff get off in order to cease it financial foreclosures step is significantly less than CPLR 3217, 5015 and 6514 that’s refuted.
Which financial property foreclosure action is actually began by the above-named plaintiff from the processing of the summons and you can criticism at the job of clerk to the . An order repairing the fresh new defaults when you look at the reacting of defendants and you may appointing good referee to compute try awarded through to brand new plaintiff’s ex lover parte application on the . Brand new declaration of one’s referee in order to compute was verified regarding judgment away from foreclosures and you may revenue that has been entered because of the clerk toward ed plaintiff stopped their businesses because it is taken over of the Financial of The usa.
By instant action (No. 004), guidance to the named plaintiff, without the elaboration of its maintenance of the one successor towards the today defunct titled plaintiff, seeks your order vacating this new wisdom from foreclosures and you can profit, cancelling new find out-of pendency and you can granting the fresh plaintiff leave in order to stop it financial foreclosure step. The sole floor so-called can be as comes after:
“Immediately after commencement regarding the step and you will after the Judgment out of Foreclosure and you will Sales try entered, plaintiff questioned your step become abandoned. Hence, affirmant was requesting new discontinuance with the step, vacature of Judgment from Property foreclosure and Income, launch of the brand new appointed referee and you may cancellation of see off pendency” ( come across 7 of your approval away from plaintiff’s the advice linked 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 ). 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)]).