§ 38 — Itemized statement may be required of lienor

New York § 38

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

Text

§ 38. Itemized statement may be required of lienor. A lienor who has\nfiled a notice of lien shall, on demand in writing, deliver to the owner\nor contractor making such demand a statement in writing which shall set\nforth the items of labor and/or material and the value thereof which\nmake up the amount for which he claims a lien, and which shall also set\nforth the terms of the contract under which such items were furnished.\nThe statement shall be verified by the lienor or his agent in the form\nrequired for the verification of notices in section nine of this\nchapter. If the lienor shall fail to comply with such a demand within\nfive days after the same shall have been made by the owner or\ncontractor, or if the lienor delivers an insufficient statement, the\nperson aggrieved may petition the supreme court of this state or any\njustice thereof, or the county court of the county where the premises\nare situated, or the county judge of such county for an order directing\nthe lienor within a time specified in the order to deliver to the\npetitioner the statement required by this section. Two days' notice in\nwriting of such application shall be served upon the lienor. Such\nservice shall be made in the manner provided by law for the personal\nservice of a summons. The court or a justice or judge thereof shall hear\nthe parties and upon being satisfied that the lienor has failed,\nneglected or refused to comply with the requirements of this section\nshall have an appropriate order directing such compliance. In case the\nlienor fails to comply with the order so made within the time specified,\nthen upon five days' notice to the lienor, served in the manner provided\nby law for the personal service of a summons, the court or a justice or\njudge thereof may make an order cancelling the lien.\n