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It is, purchased that this actions (Zero. 004) by plaintiff for an order vacating the latest wisdom off property foreclosure and selling, cancelling the new observe regarding pendency and granting the brand new plaintiff get off so you can stop that it home loan foreclosures action represents significantly less than CPLR 3217, 5015 and 6514 and is rejected.

It financial property foreclosure step try began by the above named plaintiff by the submitting of your own summons and you will problem of working of one’s clerk toward . Your order restoring new defaults in answering of your own defendants and you may appointing a great referee so you’re able to compute is actually provided on the brand new plaintiff’s ex parte app toward . The brand new declaration of the referee to compute are confirmed on the view from foreclosure and marketing that was entered because of the clerk on the ed plaintiff ceased its procedures because it was removed over from the Lender regarding America.

By instantaneous action (Zero. 004), the advice on the titled plaintiff, without any elaboration of the preservation from the any replacement toward now defunct called plaintiff, seeks an order vacating this new judgment away from foreclosure and revenue, cancelling the newest observe away from pendency and you can giving the newest plaintiff get-off so you’re able to cease it home loan foreclosure step. The only surface so-called is really as follows:

“Just after beginning from the action and you can following Wisdom of Foreclosure and you can Deals are joined, plaintiff requested that action getting deserted. For this reason, affirmant was asking for this new discontinuance associated with action, vacature of Judgment away from Foreclosure and you will Profit, discharge of the brand new designated referee and you will termination of your find regarding pendency” ( pick eight of one’s approval out of plaintiff’s counsel connected 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 personal loans Oakland 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)]).