| Gihon, LLC v 501 Second St., LLC |
| 2008 NY Slip Op 04832 [51 AD3d 969] |
| May 27, 2008 |
| Appellate Division, Second Department |
| Gihon, LLC, Respondent, v 501 Second Street, LLC,Appellant. |
—[*1] Goldman & Greenbaum, P.C., New York, N.Y. (Martin W. Goldman of counsel), forrespondent.
In an action, inter alia, for a judgment declaring the parties' rights and obligations under acommercial lease, the defendant appeals (1), as limited by its brief, from so much of an order ofthe Supreme Court, Kings County (Knipel, J.), dated July 21, 2006, as granted that branch of theplaintiff's motion which was for leave to enter a judgment against it in the principal sum of$18,100 for failing to comply with a prior order of the same court dated March 13, 2003, grantingthe plaintiff's motion to hold it in contempt and imposing a fine, and (2) from a money judgmentof the same court dated August 9, 2006, which, upon the order dated July 21, 2006, is in favor ofthe plaintiff and against it in the principal sum of $18,100.
Ordered that the appeal from the order dated July 21, 2006 is dismissed, as that order wassuperseded by the money judgment; and it is further,
Ordered that the money judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
To the extent the appellant raises any arguments pertaining to a prior order dated March 13,2003, from which its appeal was dismissed for lack of prosecution, these arguments are notproperly before the Court in the context of this appeal (see Gihon, LLC v 501 Second St., LLC, 29 AD3d 628, [*2]628-629 [2006]).
The defendant's remaining contentions are without merit. Miller, J.P., Dillon, McCarthy andChambers, JJ., concur.