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It is, ordered that actions (Zero. 004) because of the plaintiff for your order vacating the latest wisdom out-of foreclosure and you may selling, cancelling the brand new see out-of pendency and you may giving the newest plaintiff log off so you’re able to stop so it mortgage foreclosures action is recognized as not as much as CPLR 3217, 5015 and 6514 which can be rejected.
That it home loan property foreclosure step try began by the above named plaintiff of the filing of summons and you will issue at the office of your own clerk to the . Your order repairing the new non-payments into the responding of your own defendants and appointing a referee so you’re able to calculate is awarded up on the brand new plaintiff’s ex parte software on the . The new declaration of your own referee so you’re able to compute are affirmed regarding the judgment from foreclosure and sale which had been loan places Kissimmee registered because of the clerk to your ed plaintiff stopped their functions whilst was actually removed more from the Bank out of America.
Of the instant action (No. 004), the advice on entitled plaintiff, without the elaboration of their preservation of the one replacement into now defunct named plaintiff, aims an order vacating the fresh new judgment of property foreclosure and profit, cancelling brand new notice away from pendency and you will giving this new plaintiff exit so you’re able to stop that it home loan foreclosure step. The actual only real surface so-called is really as observe:
“Immediately following beginning with the step and you may after the Judgment out of Foreclosures and you will Marketing was entered, plaintiff asked the step be discontinued. Thus, affirmant is actually asking for this new discontinuance for the action, vacature of your own Wisdom out of Foreclosures and you may Revenue, discharge of the brand new designated referee and you will termination of notice regarding pendency” ( pick seven of your endorsement from plaintiff’s guidance connected to moving 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)]).