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2025-2026 Fulbright Foreign Pupil System- Need App
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Travel Advisory getting You.S. Citizens: Rwanda/DRC Border Urban area
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Its, bought that this motion (Zero. 004) of the plaintiff for an order vacating the fresh new view from foreclosures and you can sales, cancelling brand new notice from pendency and granting new plaintiff get-off so you’re able to stop which financial property foreclosure step represents under CPLR 3217, 5015 and you will 6514 which is refused.
That it financial foreclosures action was commenced by the above-named plaintiff by the submitting of one’s summons and you may problem at work of the clerk on . Your order fixing brand new defaults in the responding of one’s defendants and you can appointing a great referee to calculate is actually approved abreast of new plaintiff’s ex lover zona software towards . The fresh report of your referee so you can calculate are affirmed throughout the view off foreclosure and you will deals which was entered because of the clerk toward ed plaintiff ceased the functions because got pulled more from the Lender out-of America.
By immediate action (No. 004), counsel towards titled plaintiff, without any elaboration of their preservation by the any successor towards today defunct entitled plaintiff, seeks your order vacating the brand new judgment of foreclosure and profit, cancelling the notice regarding pendency and giving the fresh new plaintiff log off to help you cease that it mortgage property foreclosure step. The actual only real surface so-called is as follows:
« Once commencement for the step and you can after the View off Foreclosures and Selling was entered, plaintiff requested that step end up being deserted. Ergo, affirmant is actually asking for the newest discontinuance on the action, vacature of your own Judgment of Foreclosure and you can Sale, release of brand new designated referee and you may cancellation of the find off pendency » ( find 7 of one’s affirmation regarding plaintiff’s guidance connected 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 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)]).