State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 21-a

§  21-a.  Vacating lien for a public improvement, by order of court. A  lien against the amount due or to become due a contractor from the state  or a public corporation, for the construction or demolition of a  public  improvement,  may  be  vacated  and  canceled by an order of the supreme  court. Before such order shall be granted, a notice shall be served upon  the lienor personally or, in such manner as the court may  direct.  Such  notice  shall  require  the  lienor to commence an action to enforce the  lien within a time specified in the notice, not less  than  thirty  days  from the time of service, or show cause at a special term of the supreme  court  in  the judicial district embracing the county wherein the notice  of lien is filed, at a time and place specified therein, why the  notice  of  lien  should  not  be  vacated and canceled of record. Proof of such  service and that the lienor has not commenced the  action  to  foreclose  such  a  lien, as directed in the notice, shall be made by affidavit, at  the time of applying for such order.

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 21-a

§  21-a.  Vacating lien for a public improvement, by order of court. A  lien against the amount due or to become due a contractor from the state  or a public corporation, for the construction or demolition of a  public  improvement,  may  be  vacated  and  canceled by an order of the supreme  court. Before such order shall be granted, a notice shall be served upon  the lienor personally or, in such manner as the court may  direct.  Such  notice  shall  require  the  lienor to commence an action to enforce the  lien within a time specified in the notice, not less  than  thirty  days  from the time of service, or show cause at a special term of the supreme  court  in  the judicial district embracing the county wherein the notice  of lien is filed, at a time and place specified therein, why the  notice  of  lien  should  not  be  vacated and canceled of record. Proof of such  service and that the lienor has not commenced the  action  to  foreclose  such  a  lien, as directed in the notice, shall be made by affidavit, at  the time of applying for such order.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 21-a

§  21-a.  Vacating lien for a public improvement, by order of court. A  lien against the amount due or to become due a contractor from the state  or a public corporation, for the construction or demolition of a  public  improvement,  may  be  vacated  and  canceled by an order of the supreme  court. Before such order shall be granted, a notice shall be served upon  the lienor personally or, in such manner as the court may  direct.  Such  notice  shall  require  the  lienor to commence an action to enforce the  lien within a time specified in the notice, not less  than  thirty  days  from the time of service, or show cause at a special term of the supreme  court  in  the judicial district embracing the county wherein the notice  of lien is filed, at a time and place specified therein, why the  notice  of  lien  should  not  be  vacated and canceled of record. Proof of such  service and that the lienor has not commenced the  action  to  foreclose  such  a  lien, as directed in the notice, shall be made by affidavit, at  the time of applying for such order.