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Its, purchased that motion (No. 004) from the plaintiff to own your order vacating brand new wisdom out of foreclosures and you will sales, cancelling the latest find away from pendency and you can granting the newest plaintiff log off so you can cease which financial foreclosure action is recognized as not as much as CPLR 3217, 5015 and you can 6514 which will be refuted.

It home loan foreclosure step try commenced of the above-named plaintiff by submitting of your summons and you can grievance at work of one’s clerk towards . Your order restoring the defaults when you look at the reacting of your own defendants and you can appointing good referee so you’re able to calculate was issued abreast of the new plaintiff’s ex parte app for the . New statement of one’s referee to help you compute is affirmed regarding judgment out-of property foreclosure and income which was entered by clerk on ed plaintiff ceased their operations because is removed more than from the Bank out-of America.

From the instantaneous action (No. 004), counsel towards the entitled plaintiff, with no elaboration of its preservation from the one successor for the today defunct titled plaintiff, tries an order vacating the fresh wisdom off foreclosures and you can marketing, cancelling the fresh notice away from pendency and granting new plaintiff get-off to discontinue this mortgage property foreclosure action. The actual only real ground alleged can be as uses:

«Just after beginning from the action and pursuing the View off Property foreclosure and you may Marketing is entered, plaintiff expected that the step getting deserted. Thus, affirmant are requesting the fresh new discontinuance of step, vacature of Judgment out of Foreclosures and you will Purchases, launch of new appointed referee and cancellation of your own notice regarding pendency» ( come across eight of the acceptance out-of plaintiff’s the recommendations linked to swinging documentation).

«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)]).

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