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GIHON, LLC v. 501 SECOND STREET, LLC
Appellate Division of the Supreme Court of New York, Second Department.
May 9, 2006
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Ordered that the money judgment is affirmed, with costs.
Despite the defendant's contentions, neither Lien Law ยง 39 nor the lease prohibited the plaintiff from entering the money judgment as a lien against the subject premises. The money judgment dated June 29, 2004 was properly entered through the signature of the court clerk ( see CPLR 5016), and once that judgment was properly entered, "by operation of law, [it] created a lien on the defendant's real property in [Kings] county," including the subject premises ( Bank of N.Y. v. Magri, 226 AD2d 412; see CPLR 5018 [a]; 5203; Matter of Leonard v. Brescia Lbr. Corp., 174 AD2d 621, 622).
The defendant's remaining contentions are without merit.
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