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Bank of New York v. Magri

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 412 (N.Y. App. Div. 1996)

Opinion

April 8, 1996

Appeal from the Supreme Court, Nassau County (Burke, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the Supreme Court properly granted him a qualified discharge of the judgment. Approximately seven months before the defendant petitioned for bankruptcy, the plaintiff had obtained and entered a judgment in its favor and against the defendant, in the Supreme Court, Nassau County, which, by operation of law, created a lien on the defendant's real property in that county ( see, CPLR 5018 [a]; 5203; Matter of Leonard v. Brescia Lbr. Corp., 174 A.D.2d 621). Inasmuch as the lien on the property attached prior to the bankruptcy petition, it was not affected by the defendant's subsequent discharge in bankruptcy and, thus, the court properly granted a qualified discharge ( see, Debtor and Creditor Law § 150; Matter of Leonard v. Brescia Lbr. Corp., supra, at 622; Matter of Melita v. State Bank, 124 A.D.2d 282, 283; Bank of N Y v. Nies, 96 A.D.2d 166, 167-173; see also, Carman v. European Am. Bank Trust Co., 78 N.Y.2d 1066).

We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Pizzuto and McGinity, JJ., concur.


Summaries of

Bank of New York v. Magri

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1996
226 A.D.2d 412 (N.Y. App. Div. 1996)
Case details for

Bank of New York v. Magri

Case Details

Full title:BANK OF NEW YORK, Respondent, v. FRANK MAGRI, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 1996

Citations

226 A.D.2d 412 (N.Y. App. Div. 1996)
641 N.Y.S.2d 68

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