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Its, bought this actions (Zero. 004) because of the plaintiff to have an order vacating the new wisdom regarding property foreclosure and you may marketing, cancelling the new see from pendency and you will giving the brand new plaintiff log off to stop which home loan foreclosures action is lower than CPLR 3217, 5015 and 6514 and that’s rejected.

It home loan foreclosures step are commenced of the above named plaintiff by the processing of your summons and you will problem at your workplace no credit check payday loans in Trinity of clerk on the . Your order fixing the brand new defaults when you look at the reacting of your defendants and you can appointing a great referee in order to compute is actually approved on the newest plaintiff’s ex lover parte application towards . The newest statement of your own referee in order to calculate is actually verified on the wisdom away from foreclosure and you will profit that has been joined by clerk with the ed plaintiff stopped their surgery whilst got taken over by the Bank off The united states.

By immediate actions (No. 004), guidance to the entitled plaintiff, without having any elaboration of its storage from the people successor on the now defunct entitled plaintiff, seeks an order vacating the fresh view from property foreclosure and you may income, cancelling this new notice off pendency and giving the fresh new plaintiff log off to help you stop it home loan foreclosure action. The only soil alleged is as pursue:

«Just after beginning of this action and you can pursuing the Judgment off Foreclosure and you may Deals is entered, plaintiff expected that the step become discontinued. Thus, affirmant are requesting the discontinuance for the action, vacature of one’s Wisdom regarding Foreclosure and you can Profit, launch of the fresh new designated referee and cancellation of see out of pendency» ( find seven of approval away from plaintiff’s guidance connected with 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 <**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)]).