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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 a trust beneficiary shall recover judgment against the trustee upon the obligation constituting the trust claim: (except in the enforcement of a lien as provided in articles two and three of this chapter) (a)…
N.Y. Lien Law § 79 Liens not affected
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§ 79. Liens not affected. Nothing in this article shall prevent the enforcement of any lien as provided in articles two and three of this chapter and neither such lien nor any satisfaction obtained thereby, shall be deemed a diversion of trust assets or an unauthorized preferenc…
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 arising under this article, and any officer, director or agent of such trustee, who applies or consents to the application of trust funds received by the trustee as money or an instrument for the payment of mo…
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 contract made between an owner and a contractor, pursuant to which an improvement of real property is being made, and, of the amount due or to become due thereon shall be furnished upon demand in writing by th…
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 law, and which amounts to fifty dollars or upwards, on a sea-going or ocean-bound vessel, or fifteen dollars or upwards on any other vessel shall be a lien upon such vessel, her tackle, apparel and furniture, and…
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 sustained damage by any other vessel through the negligence or wilful misconduct of the person navigating such vessel, to the extent of fifty dollars, the owner of the damaged vessel shall have a lien, unless a lien i…
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 section eighty shall cease to be a lien upon such vessel unless the lienor shall, within ninety days after the debt becomes due, except as hereinafter provided, file a notice of lien, containing the name of the vess…
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 vessel navigates the western or northwestern lakes, or either of them, or the Saint Lawrence river, at the expiration of six months after the first of January next succeeding the time when the debt was contracted, …
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 pursuant to the provisions of this article, may be assigned by a written instrument duly acknowledged and filed in the same place where the notice of the lien was filed. The assignment shall specify the debt upon…
N.Y. Lien Law § 85 Enforcement of lien
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§ 85. Enforcement of lien. If a lien, created by virtue of this article, is founded upon a maritime contract, it can be enforced only by proceedings in the courts of the United States, and in any other case, in the courts of this state, in the manner prescribed in the following …
N.Y. Lien Law § 86 Application for warrant
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§ 86. Application for warrant. The lienor may make a written application to a justice of the supreme court, at chambers, in the judicial district in which the lienor resides or in a county adjoining such district, for a warrant to enforce a lien on a vessel and to collect the am…
N.Y. Lien Law § 87 Undertaking to accompany application
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§ 87. Undertaking to accompany application. Such application shall be accompanied by an undertaking in the sum of at least one hundred dollars, to be approved by such justice and filed in the office of the clerk of the county where the notice of lien is filed, with at least one …
N.Y. Lien Law § 88 Warrant; execution thereof
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§ 88. Warrant; execution thereof. Thereupon, such justice shall issue a warrant to the sheriff of the county where such vessel may be, or, generally to the sheriff of any county, specifying the amount of the claim, and the names of the persons making the claim and commanding him…
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 such warrant the justice shall grant an order to show cause, why the vessel seized by virtue of such warrant should not be sold to satisfy the lien specified in the application. Such order shall be returnable n…
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: 1. The name and residence of the lienor; and if the lienor is a partnership or a corporation, the business address of such firm, or corporation, the names of partners and principal place of business, and if a forei…
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 three days after the issue of the warrant, the applicant shall cause a notice to be published once in each week for two consecutive weeks, in a newspaper published in the county where the vessel was seized, s…
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. At the time and place mentioned in the order to show cause, the master or other person in charge of such vessel, the owner or consignee thereof or any other person interested therein, may apply and contest the…
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 before whom the order to show cause was returnable, for the sale of the vessel, her tackle, apparel and furniture, in the following cases: a. In case the master, owner, consignee or other person interested in…
N.Y. Lien Law § 93 Sale and proceeds
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§ 93. Sale and proceeds. Within ten days after the receipt of the order of sale, the sheriff, unless the order be sooner vacated or the lien discharged, shall sell the vessel seized, her tackle, apparel and furniture, upon notice, and in the manner prescribed by law for the sale…
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 granting the order of sale, upon receiving such proceeds, shall order a notice to be published once a week for three successive weeks in the same newspaper in which the notice of seizure was published, requiri…
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 under this article against the vessel so sold, and has made no application for a warrant thereon, may present to and file with the justice or referee at the time and place specified in the notice of distributi…
N.Y. Lien Law § 96 Contested claims
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§ 96. Contested claims. The master, owner, agent or consignee of the vessel, or any person having an interest in the proceeds before final distribution thereof, may contest any claim made against the vessel or its proceeds, by filing with such justice a written answer, verified …
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 shall be tried in the same manner as issues are tried in a court of record without a jury, before such justice at a time and place to be fixed by him, or they may be referred by such justice to a referee, to …
N.Y. Lien Law § 98 Distribution of proceeds
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§ 98. Distribution of proceeds. Upon the determination of all the claims presented, the justice or referee shall make an order of distribution of the proceeds. The order shall direct the payment of the claims found to be subsisting liens upon such vessel or proceeds, with all co…
N.Y. Lien Law § 99 Payment of uncontested claims
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§ 99. Payment of uncontested claims. Any uncontested claims, entitled to priority of payment over the claims which are contested, shall, on motion of the parties interested, be paid with costs, in the order of their respective priorities, without awaiting the determination of su…