Opinion
February 11, 1999
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Plaintiff's motion, which seeks to amend the judgment so as to correct an alleged inaccuracy in the declaration of the rights plaintiff had transferred to defendants, was properly denied absent a contention of fraud or any of the other grounds for relief from a judgment set forth in CPLR 5015 N.Y.C.P.L.R. (a), and absent a showing that the judgment in its present form was taken through mistake, inadvertence, surprise or excusable neglect (see, Matter of McKenna v. County of Nassau, Off. of County Attorney, 61 N.Y.2d 739, 742). Defendants' cross motion for an injunction restraining plaintiff from infringing on defendants' exclusive rights was correctly denied, the court having no jurisdiction to entertain applications for additional, relief after entry of final judgment, although defendants were free to commence a new action seeking such relief. Denial of defendants' request for sanctions was a proper exercise of discretion.
Concur — Williams, J. P., Wallach, Andrias and Saxe, JJ.