State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 11

§  11.  Service  of copy of notice of lien. Within five days before or  thirty days after filing the notice of lien, the lienor  shall  serve  a  copy  of  such  notice  upon  the  owner,  if  a  natural person, (a) by  delivering the same to him personally, or if the owner cannot be  found,  to  his  agent or attorney, or (b) by leaving it at his last known place  of residence in the city or town in which the real property or some part  thereof is situated, with a person of suitable age  and  discretion,  or  (c) by registered or certified mail addressed to his last known place of  residence,  or  (d)  if such owner has no such residence in such city or  town, or cannot be found, and he has no agent or attorney, by affixing a  copy thereof conspicuously on such property, between the hours  of  nine  o'clock  in the forenoon and four o'clock in the afternoon; if the owner  be a corporation, said service shall be made (i) by delivering such copy  to and leaving the same with the president, vice-president, secretary or  clerk to the corporation,  the  cashier,  treasurer  or  a  director  or  managing  agent  thereof,  personally, within the state, or (ii) if such  officer cannot be found within the state  by  affixing  a  copy  thereof  conspicuously  on such property between the hours of nine o'clock in the  forenoon and four o'clock in the afternoon, or (iii)  by  registered  or  certified mail addressed to its last known place of business. Failure to  file  proof  of  such a service with the county clerk within thirty-five  days after the notice of lien is filed shall terminate the notice  as  a  lien.  Until  service of the notice has been made, as above provided, an  owner, without knowledge of the lien, shall be protected in any  payment  made in good faith to any contractor or other person claiming a lien.

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 11

§  11.  Service  of copy of notice of lien. Within five days before or  thirty days after filing the notice of lien, the lienor  shall  serve  a  copy  of  such  notice  upon  the  owner,  if  a  natural person, (a) by  delivering the same to him personally, or if the owner cannot be  found,  to  his  agent or attorney, or (b) by leaving it at his last known place  of residence in the city or town in which the real property or some part  thereof is situated, with a person of suitable age  and  discretion,  or  (c) by registered or certified mail addressed to his last known place of  residence,  or  (d)  if such owner has no such residence in such city or  town, or cannot be found, and he has no agent or attorney, by affixing a  copy thereof conspicuously on such property, between the hours  of  nine  o'clock  in the forenoon and four o'clock in the afternoon; if the owner  be a corporation, said service shall be made (i) by delivering such copy  to and leaving the same with the president, vice-president, secretary or  clerk to the corporation,  the  cashier,  treasurer  or  a  director  or  managing  agent  thereof,  personally, within the state, or (ii) if such  officer cannot be found within the state  by  affixing  a  copy  thereof  conspicuously  on such property between the hours of nine o'clock in the  forenoon and four o'clock in the afternoon, or (iii)  by  registered  or  certified mail addressed to its last known place of business. Failure to  file  proof  of  such a service with the county clerk within thirty-five  days after the notice of lien is filed shall terminate the notice  as  a  lien.  Until  service of the notice has been made, as above provided, an  owner, without knowledge of the lien, shall be protected in any  payment  made in good faith to any contractor or other person claiming a lien.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 11

§  11.  Service  of copy of notice of lien. Within five days before or  thirty days after filing the notice of lien, the lienor  shall  serve  a  copy  of  such  notice  upon  the  owner,  if  a  natural person, (a) by  delivering the same to him personally, or if the owner cannot be  found,  to  his  agent or attorney, or (b) by leaving it at his last known place  of residence in the city or town in which the real property or some part  thereof is situated, with a person of suitable age  and  discretion,  or  (c) by registered or certified mail addressed to his last known place of  residence,  or  (d)  if such owner has no such residence in such city or  town, or cannot be found, and he has no agent or attorney, by affixing a  copy thereof conspicuously on such property, between the hours  of  nine  o'clock  in the forenoon and four o'clock in the afternoon; if the owner  be a corporation, said service shall be made (i) by delivering such copy  to and leaving the same with the president, vice-president, secretary or  clerk to the corporation,  the  cashier,  treasurer  or  a  director  or  managing  agent  thereof,  personally, within the state, or (ii) if such  officer cannot be found within the state  by  affixing  a  copy  thereof  conspicuously  on such property between the hours of nine o'clock in the  forenoon and four o'clock in the afternoon, or (iii)  by  registered  or  certified mail addressed to its last known place of business. Failure to  file  proof  of  such a service with the county clerk within thirty-five  days after the notice of lien is filed shall terminate the notice  as  a  lien.  Until  service of the notice has been made, as above provided, an  owner, without knowledge of the lien, shall be protected in any  payment  made in good faith to any contractor or other person claiming a lien.