§ 107 — Discharge of lien before issue of warrant

New York § 107

• Jurisdiction: New York
• Law LIE: Lien
• Art. 4: Liens On Vessels and Enforcement Thereof

Text

§ 107. Discharge of lien before issue of warrant. When any notice of\nlien shall have been filed under this article and no warrant has been\nissued to enforce the same, any person interested in the vessel, may\napply to any justice of the supreme court for leave to discharge the\nlien upon giving an undertaking therefor to the lienor. The application\nshall be in writing, and shall state the amount of the lien claimed and\nthe grounds of the defense thereto, and the names of the persons\nproposed as sureties on such undertaking, with their respective\nresidences and places of business. Upon presenting such application with\nproof that a copy thereof, with at least five days' notice of the time\nand place of presenting the same, has been served upon the lienor, such\njustice may, if no just cause be shown in opposition thereto, authorize\nthe execution of such undertaking, which shall be to the same effect as\nan undertaking required in this article upon the application to\ndischarge a warrant, and an action may be brought thereon in like\nmanner. At the time of the presentation of such application the sureties\nproposed in such undertaking shall justify before such justice. When\nsuch undertaking has been executed and approved by such justice and\ndelivered to the lienor, the justice shall direct the clerk with whom\nthe notice of lien is filed to mark the same as discharged, and it shall\ncease to be a lien upon such vessel.\n