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0 chapters · 175 sections in this title.
N.Y. Lien Law § 78 Relief after judgment on obligation constituting trust claim
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§ 78. Relief after judgment on obligation constituting trust claim. If\na trust beneficiary shall recover judgment against the trustee upon the\nobligation constituting the trust claim: (except in the enforcement of a\nlien as provided in articles two and three of this chapter)\…
N.Y. Lien Law § 79 Liens not affected
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§ 79. Liens not affected. Nothing in this article shall prevent the\nenforcement of any lien as provided in articles two and three of this\nchapter and neither such lien nor any satisfaction obtained thereby,\nshall be deemed a diversion of trust assets or an unauthorized\nprefe…
N.Y. Lien Law § 79-A Misappropriation of funds of trust
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§ 79-a. Misappropriation of funds of trust. 1. Any trustee of a trust\narising under this article, and any officer, director or agent of such\ntrustee, who applies or consents to the application of trust funds\nreceived by the trustee as money or an instrument for the payment of…
N.Y. Lien Law § 8 Terms of contract may be demanded
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§ 8. Terms of contract may be demanded. A statement of the terms of a\ncontract made between an owner and a contractor, pursuant to which an\nimprovement of real property is being made, and, of the amount due or to\nbecome due thereon shall be furnished upon demand in writing by…
N.Y. Lien Law § 80 Liens on vessels
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§ 80. Liens on vessels. A debt which is not a lien by the maritime\nlaw, and which amounts to fifty dollars or upwards, on a sea-going or\nocean-bound vessel, or fifteen dollars or upwards on any other vessel\nshall be a lien upon such vessel, her tackle, apparel and furniture, …
N.Y. Lien Law § 81 Lien on vessel causing damage
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§ 81. Lien on vessel causing damage. When a vessel shall have\nsustained damage by any other vessel through the negligence or wilful\nmisconduct of the person navigating such vessel, to the extent of fifty\ndollars, the owner of the damaged vessel shall have a lien, unless a\nli…
N.Y. Lien Law § 82 Notice of lien, when to be filed
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§ 82. Notice of lien, when to be filed. Every debt specified in\nsection eighty shall cease to be a lien upon such vessel unless the\nlienor shall, within ninety days after the debt becomes due, except as\nhereinafter provided, file a notice of lien, containing the name of the\n…
N.Y. Lien Law § 83 Duration of lien
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§ 83. Duration of lien. Every lien for a debt shall cease if the\nvessel navigates the western or northwestern lakes, or either of them,\nor the Saint Lawrence river, at the expiration of six months after the\nfirst of January next succeeding the time when the debt was contracte…
N.Y. Lien Law § 84 Assignment of lien
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§ 84. Assignment of lien. A lien, a notice of which has been filed\npursuant to the provisions of this article, may be assigned by a written\ninstrument duly acknowledged and filed in the same place where the\nnotice of the lien was filed. The assignment shall specify the debt u…
N.Y. Lien Law § 85 Enforcement of lien
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§ 85. Enforcement of lien. If a lien, created by virtue of this\narticle, is founded upon a maritime contract, it can be enforced only by\nproceedings in the courts of the United States, and in any other case,\nin the courts of this state, in the manner prescribed in the followi…
N.Y. Lien Law § 86 Application for warrant
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§ 86. Application for warrant. The lienor may make a written\napplication to a justice of the supreme court, at chambers, in the\njudicial district in which the lienor resides or in a county adjoining\nsuch district, for a warrant to enforce a lien on a vessel and to\ncollect th…
N.Y. Lien Law § 87 Undertaking to accompany application
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§ 87. Undertaking to accompany application. Such application shall be\naccompanied by an undertaking in the sum of at least one hundred\ndollars, to be approved by such justice and filed in the office of the\nclerk of the county where the notice of lien is filed, with at least o…
N.Y. Lien Law § 88 Warrant; execution thereof
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§ 88. Warrant; execution thereof. Thereupon, such justice shall issue\na warrant to the sheriff of the county where such vessel may be, or,\ngenerally to the sheriff of any county, specifying the amount of the\nclaim, and the names of the persons making the claim and commanding …
N.Y. Lien Law § 89 Order to show cause; contents; service
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§ 89. Order to show cause; contents; service. At the time of issuing\nsuch warrant the justice shall grant an order to show cause, why the\nvessel seized by virtue of such warrant should not be sold to satisfy\nthe lien specified in the application. Such order shall be returnabl…
N.Y. Lien Law § 9 Contents of notice of lien
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§ 9. Contents of notice of lien. The notice of lien shall state:\n 1. The name and residence of the lienor; and if the lienor is a\npartnership or a corporation, the business address of such firm, or\ncorporation, the names of partners and principal place of business, and\nif a …
N.Y. Lien Law § 90 Notice of issuance of warrant to be published and served
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§ 90. Notice of issuance of warrant to be published and served. Within\nthree days after the issue of the warrant, the applicant shall cause a\nnotice to be published once in each week for two consecutive weeks, in a\nnewspaper published in the county where the vessel was seized…
N.Y. Lien Law § 91 Proceedings upon return of order to show cause; trial of issue
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§ 91. Proceedings upon return of order to show cause; trial of issue.\nAt the time and place mentioned in the order to show cause, the master\nor other person in charge of such vessel, the owner or consignee thereof\nor any other person interested therein, may apply and contest …
N.Y. Lien Law § 92 Order of sale, when made
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§ 92. Order of sale, when made. 1. An order may be made by the justice\nbefore whom the order to show cause was returnable, for the sale of the\nvessel, her tackle, apparel and furniture, in the following cases:\n a. In case the master, owner, consignee or other person intereste…
N.Y. Lien Law § 93 Sale and proceeds
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§ 93. Sale and proceeds. Within ten days after the receipt of the\norder of sale, the sheriff, unless the order be sooner vacated or the\nlien discharged, shall sell the vessel seized, her tackle, apparel and\nfurniture, upon notice, and in the manner prescribed by law for the s…
N.Y. Lien Law § 94 Notice of the distribution of the proceeds of sale
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§ 94. Notice of the distribution of the proceeds of sale. The justice\ngranting the order of sale, upon receiving such proceeds, shall order a\nnotice to be published once a week for three successive weeks in the\nsame newspaper in which the notice of seizure was published, requ…
N.Y. Lien Law § 95 Liens for which no warrants are issued
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§ 95. Liens for which no warrants are issued. A person who has a lien\nunder this article against the vessel so sold, and has made no\napplication for a warrant thereon, may present to and file with the\njustice or referee at the time and place specified in the notice of\ndistri…
N.Y. Lien Law § 96 Contested claims
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§ 96. Contested claims. The master, owner, agent or consignee of the\nvessel, or any person having an interest in the proceeds before final\ndistribution thereof, may contest any claim made against the vessel or\nits proceeds, by filing with such justice a written answer, verifi…
N.Y. Lien Law § 97 Trial of issues and appeal
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§ 97. Trial of issues and appeal. The issues raised by any such answer\nshall be tried in the same manner as issues are tried in a court of\nrecord without a jury, before such justice at a time and place to be\nfixed by him, or they may be referred by such justice to a referee, …
N.Y. Lien Law § 98 Distribution of proceeds
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§ 98. Distribution of proceeds. Upon the determination of all the\nclaims presented, the justice or referee shall make an order of\ndistribution of the proceeds. The order shall direct the payment of the\nclaims found to be subsisting liens upon such vessel or proceeds, with\nal…
N.Y. Lien Law § 99 Payment of uncontested claims
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§ 99. Payment of uncontested claims. Any uncontested claims, entitled\nto priority of payment over the claims which are contested, shall, on\nmotion of the parties interested, be paid with costs, in the order of\ntheir respective priorities, without awaiting the determination of…