§ 20 — Discharge of lien after notice of lien filed by payment of money into court

New York § 20

• Jurisdiction: New York
• Law LIE: Lien
• Art. 2: Mechanics' Liens

Text

§ 20. Discharge of lien after notice of lien filed by payment of money\ninto court. A lien specified in this article, other than a lien for\nperforming labor or furnishing materials for a public improvement, may\nbe discharged after the notice of lien is filed at any time before an\naction is commenced to foreclose such lien, by depositing with the\ncounty clerk, in whose office the notice of lien is filed, a sum of\nmoney equal to the amount claimed in such notice, with interest to the\ntime of such deposit. After such deposit is made and the lien is\ndischarged the county treasurer or any other officer with whom the money\nis deposited shall, within ten days thereafter, send a notice by mail to\nthe lienor, at the address given in the lien, that such lien has been\ndischarged by deposit. After action to foreclose the lien is commenced\nit may be discharged by a payment into court of such sum of money, as,\nin the judgment of the court or a judge or justice thereof, after at\nleast five days' notice to all the parties to the action, will be\nsufficient to pay any judgment which may be recovered in such action.\nUpon any such payment, the county clerk shall forthwith enter upon the\nlien docket and against the lien for the discharge of which such moneys\nwere paid, the words "discharged by payment. " A deposit of money made\nas prescribed in this section shall be repaid to the party making the\ndeposit, or his successor, upon the discharge of the liens against the\nproperty pursuant to law. All deposits of money made as provided in this\nsection shall be considered as paid into court and shall be subject to\nthe provisions of law relative to the payment of money into court and\nthe surrender of such money by order of the court. An order for the\nsurrender of such moneys to the lienor or depositor may be made by any\ncourt of record having jurisdiction of the parties. If no action is\nbrought in a court of record to enforce such lien, such order may be\nmade by any judge of a court of record. If application for such order is\nmade by lienor it shall be on notice to the depositor; if made by the\ndepositor then on notice to the lienor.\n