Ottavino v. Auricchio

Defendants have moved for an order “ vacating and setting aside and declaring that * * * [a certain] - order for a final injunction is null and void and without legal effect ”.

Despite the relief requested in the notice of motion, as noted above, it is clear from the papers before the court that the relief really sought by the defendants is in effect to have the injunctive provisions of a judgment discharged of record on the ground of performance. Such relief may be obtained by motion. (Haubrich v. Haubrich, 180 Misc. 735, appeal dismissed, 267 App. Div. 872; Brinn v. Wooding, 164 Misc. 850; 2…