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Its, purchased this activity (No. 004) of the plaintiff for an order vacating the fresh judgment of foreclosure and marketing, cancelling this new notice out of pendency and you may giving the new plaintiff get off so you can stop which home loan foreclosure step is recognized as significantly less than CPLR 3217, 5015 and you can 6514 which can be rejected.

So it financial property foreclosure step try commenced by the above named plaintiff because of the submitting of summons and you may complaint at your workplace of the clerk toward . An order repairing new defaults during the reacting of the defendants and you will appointing a good referee to help you calculate is issued up on the latest plaintiff’s ex lover zona app into . The brand new report of your own referee in order to calculate is actually affirmed throughout the view from property foreclosure and you may sale that has been entered of the clerk on ed plaintiff ceased its businesses because ended up being drawn more of the Lender out of The usa.

Because of the instant actions (Zero. 004), guidance toward called plaintiff, without having any elaboration of their preservation by the people replacement on today defunct titled plaintiff, seeks your order vacating new view off foreclosure and you may marketing, cancelling new see out-of pendency and granting this new plaintiff leave so you can stop so it home loan foreclosures step. The only floor so-called is really as observe:

“Immediately after beginning associated with the step and you can adopting the View of Property foreclosure and you can Purchases try inserted, plaintiff asked the step feel deserted. Ergo, affirmant are asking for brand new discontinuance regarding the step, vacature of the Judgment from Foreclosures and you may Selling, release of the fresh new appointed referee and you will termination of your see away from pendency” ( discover seven of the affirmation out-of plaintiff’s counsel 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)]).