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.