Gotham Factors Co. v. Ifan Realty Corp.

Resettled order directing reference to compute and authorizing the entry of judgment thereon unanimously modified to the extent that any judgment to be entered shall provide that plaintiff shall first apply its lien on the award in condemnation to "such judgment before proceeding with the enforcement thereof in any other manner authorized by law. (Cf. Cyllene Corp. v. Eisen, 272 N. Y. 526, and Matter of City of New York [Boscobel Ave.], 242 App. Div. 392.) While it was not proper to amend the order by notice of resettlement, as distinguished from the making of a motion, defendant, both at…