State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 38

§  38.  Itemized statement may be required of lienor. A lienor who has  filed a notice of lien shall, on demand in writing, deliver to the owner  or contractor making such demand a statement in writing which shall  set  forth  the  items  of  labor and/or material and the value thereof which  make up the amount for which he claims a lien, and which shall also  set  forth  the  terms of the contract under which such items were furnished.  The statement shall be verified by the lienor or his agent in  the  form  required  for  the  verification  of  notices  in  section  nine of this  chapter. If the lienor shall fail to comply with such  a  demand  within  five  days  after  the  same  shall  have  been  made  by  the  owner or  contractor, or if the lienor delivers  an  insufficient  statement,  the  person  aggrieved  may  petition  the supreme court of this state or any  justice thereof, or the county court of the county  where  the  premises  are  situated, or the county judge of such county for an order directing  the lienor within a time specified  in  the  order  to  deliver  to  the  petitioner  the  statement required by this section. Two days' notice in  writing of such application  shall  be  served  upon  the  lienor.  Such  service  shall  be  made  in the manner provided by law for the personal  service of a summons. The court or a justice or judge thereof shall hear  the parties and  upon  being  satisfied  that  the  lienor  has  failed,  neglected  or  refused  to  comply with the requirements of this section  shall have an appropriate order directing such compliance. In  case  the  lienor fails to comply with the order so made within the time specified,  then upon five days' notice to the lienor, served in the manner provided  by  law for the personal service of a summons, the court or a justice or  judge thereof may make an order cancelling the lien.

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 38

§  38.  Itemized statement may be required of lienor. A lienor who has  filed a notice of lien shall, on demand in writing, deliver to the owner  or contractor making such demand a statement in writing which shall  set  forth  the  items  of  labor and/or material and the value thereof which  make up the amount for which he claims a lien, and which shall also  set  forth  the  terms of the contract under which such items were furnished.  The statement shall be verified by the lienor or his agent in  the  form  required  for  the  verification  of  notices  in  section  nine of this  chapter. If the lienor shall fail to comply with such  a  demand  within  five  days  after  the  same  shall  have  been  made  by  the  owner or  contractor, or if the lienor delivers  an  insufficient  statement,  the  person  aggrieved  may  petition  the supreme court of this state or any  justice thereof, or the county court of the county  where  the  premises  are  situated, or the county judge of such county for an order directing  the lienor within a time specified  in  the  order  to  deliver  to  the  petitioner  the  statement required by this section. Two days' notice in  writing of such application  shall  be  served  upon  the  lienor.  Such  service  shall  be  made  in the manner provided by law for the personal  service of a summons. The court or a justice or judge thereof shall hear  the parties and  upon  being  satisfied  that  the  lienor  has  failed,  neglected  or  refused  to  comply with the requirements of this section  shall have an appropriate order directing such compliance. In  case  the  lienor fails to comply with the order so made within the time specified,  then upon five days' notice to the lienor, served in the manner provided  by  law for the personal service of a summons, the court or a justice or  judge thereof may make an order cancelling the lien.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 38

§  38.  Itemized statement may be required of lienor. A lienor who has  filed a notice of lien shall, on demand in writing, deliver to the owner  or contractor making such demand a statement in writing which shall  set  forth  the  items  of  labor and/or material and the value thereof which  make up the amount for which he claims a lien, and which shall also  set  forth  the  terms of the contract under which such items were furnished.  The statement shall be verified by the lienor or his agent in  the  form  required  for  the  verification  of  notices  in  section  nine of this  chapter. If the lienor shall fail to comply with such  a  demand  within  five  days  after  the  same  shall  have  been  made  by  the  owner or  contractor, or if the lienor delivers  an  insufficient  statement,  the  person  aggrieved  may  petition  the supreme court of this state or any  justice thereof, or the county court of the county  where  the  premises  are  situated, or the county judge of such county for an order directing  the lienor within a time specified  in  the  order  to  deliver  to  the  petitioner  the  statement required by this section. Two days' notice in  writing of such application  shall  be  served  upon  the  lienor.  Such  service  shall  be  made  in the manner provided by law for the personal  service of a summons. The court or a justice or judge thereof shall hear  the parties and  upon  being  satisfied  that  the  lienor  has  failed,  neglected  or  refused  to  comply with the requirements of this section  shall have an appropriate order directing such compliance. In  case  the  lienor fails to comply with the order so made within the time specified,  then upon five days' notice to the lienor, served in the manner provided  by  law for the personal service of a summons, the court or a justice or  judge thereof may make an order cancelling the lien.