Gihon, LLC v 501 Second St., LLC
2006 NYSlipOp 03720
May 9, 2006
Appellate Division, Second Department
As corrected through Wednesday, July 19, 2006


Gihon, LLC, Respondent,
v
501 Second Street, LLC, Appellant.

[*1]In an action, inter alia, for a judgment declaring the parties' rights and obligations under a commercial lease, the defendant appeals from a money judgment of the Supreme Court, Kings County (Knipel, J.), dated June 29, 2004, which is in favor of the plaintiff and against it in the principal sum of $16,200.

Ordered that the money judgment is affirmed, with costs.

Despite the defendant's contentions, neither Lien Law § 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 [1996]; see CPLR 5018 [a]; 5203; Matter of Leonard v Brescia Lbr. Corp., 174 AD2d 621, 622 [1991]).

The defendant's remaining contentions are without merit. Krausman, J.P., Luciano, Fisher and Dillon, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.