§ 201-A — Proceeding to determine validity of liens

New York § 201-A

• Jurisdiction: New York
• Law LIE: Lien
• Art. 9: Enforcement of Liens On Personal Property

Text

§ 201-a. Proceeding to determine validity of liens. Within ten days\nafter service of the notice of sale, the owner or any person entitled to\nnotice pursuant to section two hundred one of this article may commence\na special proceeding to determine the validity of the lien. The special\nproceeding may be brought in any court which would have jurisdiction to\nrender a judgment for a sum equal to the amount of the lien. If the\nowner or any such person shall show that the lienor is not entitled to\nclaim a lien in the property, or that all or part of the amount claimed\nby the lienor has not been properly charged to the account of such owner\nor such person, or, as the case may be, that all or part of such amount\nexceeds the fair and reasonable value of the services performed by the\nlienor, the court shall direct the entry of judgment cancelling the lien\nor reducing the amount claimed thereunder accordingly. If the lienor\nshall establish the validity of the lien, in whole or in part, the\njudgment shall fix the amount thereof, and shall provide that the sale\nmay proceed upon the expiration of five days after service of a copy of\nthe judgment together with notice of entry thereof upon the owner or\nsuch person, unless the property is redeemed prior thereto pursuant to\nsection two hundred three of this article. If the lien is cancelled, the\njudgment shall provide that, upon service of a copy of the judgment\ntogether with notice of entry thereof upon the lienor, the owner or such\nperson shall be entitled to possession of the property.\n