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It is, purchased that this motion (No. 004) because of the plaintiff to own an order vacating the newest view out of property foreclosure and product sales, cancelling the latest observe away from pendency and you can giving the plaintiff get-off to discontinue it mortgage foreclosures action is lower than CPLR 3217, 5015 and you will 6514 that is declined.

This mortgage foreclosure action is actually commenced by above-named plaintiff by filing of your summons and you will problem of working of clerk on the . An order repairing brand new non-payments into the responding of one’s defendants and you will appointing an excellent referee in order to compute are given upon the plaintiff’s ex zona application towards the . The statement of your referee to calculate is actually confirmed in the wisdom from property foreclosure and selling that has been inserted because of the clerk to the ed plaintiff ceased its businesses because was actually removed over from the Financial out of The united states.

Of the instantaneous action (Zero. 004), the advice towards the named plaintiff, without any elaboration of their storage of the any successor for the today defunct titled plaintiff, aims your order vacating the brand new judgment of foreclosures and marketing, cancelling the brand new observe away from pendency and you can granting brand new plaintiff leave so you can discontinue this mortgage foreclosures step. Truly the only surface so-called is just as comes after:

“Immediately following commencement of action and you will following Judgment off Foreclosures and you may Deals is registered, plaintiff questioned the step getting deserted. For this reason, affirmant was asking for the fresh new discontinuance of this action, vacature of one’s View regarding Foreclosure and you can Purchases, release of the appointed referee and termination of your own see away from pendency” ( find eight of affirmation away from plaintiff’s the advice connected to swinging documents).

“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)]).