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It is, ordered this actions (No. 004) by plaintiff to have an order vacating the fresh new judgment off property foreclosure and you may profit, cancelling the latest observe away from pendency and you may giving the new plaintiff exit so you’re able to stop which mortgage foreclosure step is considered under CPLR 3217, 5015 and 6514 that’s rejected.
So it mortgage foreclosures step try commenced by above-named plaintiff by processing of the summons and you can complaint working of your clerk for the . Your order fixing brand new defaults inside answering of your own defendants and you can appointing good referee in order to calculate is actually given up on the new plaintiff’s ex lover zona application on the . The fresh new declaration of the referee to compute are affirmed from the view of foreclosures and you may product sales which had been entered because of the clerk toward ed plaintiff ceased its businesses because got taken more than of the Lender of America.
By quick action (Zero. 004), counsel towards entitled plaintiff, without the elaboration of its preservation by people successor into the now defunct entitled plaintiff, seeks an order vacating the fresh view from property foreclosure and you can product sales, cancelling the fresh observe off pendency and granting brand new plaintiff hop out in order to discontinue it home loan foreclosures step. The actual only real floor alleged is really as comes after:
“Immediately following commencement associated with the step and you will after the Judgment off Foreclosures and you may Sale is inserted, plaintiff expected that action be abandoned. Ergo, affirmant are requesting the fresh discontinuance of the step, vacature of one’s Judgment regarding Foreclosures and you can Selling, release of the latest appointed referee and you may termination of notice out-of pendency” ( find 7 of your own endorsement off plaintiff’s counsel linked to swinging papers).
“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 installment loans North Dakota 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)]).
