State Codes and Statutes

Statutes > New-york > Lie > Article-3 > 55

§  55.  Offer  to  pay  money into court, or to deposit securities, in  discharge of the lien. At any time after an action is brought under  the  provision  of  this  article, the owner may make and file with the clerk  with whom the notice of lien is filed, if in a court of record,  and  if  in a court not of record, with the court, an offer to pay into court the  sum  of money stated therein, or to execute and deposit securities which  he may describe, in discharge of the lien, and serve upon the  plaintiff  a copy of such offer. If a written acceptance of the offer is filed with  such  clerk,  or court, within ten days after its service, and a copy of  the acceptance is served upon the party making  the  offer,  the  court,  upon  proof  of  such  offer  and acceptance, may make an order, that on  depositing with such clerk,  or  court,  the  sum  so  offered,  or  the  securities  described,  the lien shall be discharged, and that the money  or securities deposited shall take the place of the property upon  which  the  lien  existed, and shall be subject to the lien. If the offer is of  money only, the court, on application and notice to  the  plaintiff  may  make  such  order, without the acceptance of the offer by the plaintiff.  If such action is brought in a court not of record, such  order  may  be  made by the county court of the county where such action is brought upon  notice,  and  upon filing such order and depositing such sum of money or  securities with the county clerk of  such  county,  he  shall  forthwith  discharge  said notice of lien, by writing upon the margin of the record  thereof,  the  words  "discharged  by  payment."  Money  or   securities  deposited upon the acceptance of an offer pursuant to this section shall  be  held  by the clerk or the court until the final determination of the  action, including an appeal.

State Codes and Statutes

Statutes > New-york > Lie > Article-3 > 55

§  55.  Offer  to  pay  money into court, or to deposit securities, in  discharge of the lien. At any time after an action is brought under  the  provision  of  this  article, the owner may make and file with the clerk  with whom the notice of lien is filed, if in a court of record,  and  if  in a court not of record, with the court, an offer to pay into court the  sum  of money stated therein, or to execute and deposit securities which  he may describe, in discharge of the lien, and serve upon the  plaintiff  a copy of such offer. If a written acceptance of the offer is filed with  such  clerk,  or court, within ten days after its service, and a copy of  the acceptance is served upon the party making  the  offer,  the  court,  upon  proof  of  such  offer  and acceptance, may make an order, that on  depositing with such clerk,  or  court,  the  sum  so  offered,  or  the  securities  described,  the lien shall be discharged, and that the money  or securities deposited shall take the place of the property upon  which  the  lien  existed, and shall be subject to the lien. If the offer is of  money only, the court, on application and notice to  the  plaintiff  may  make  such  order, without the acceptance of the offer by the plaintiff.  If such action is brought in a court not of record, such  order  may  be  made by the county court of the county where such action is brought upon  notice,  and  upon filing such order and depositing such sum of money or  securities with the county clerk of  such  county,  he  shall  forthwith  discharge  said notice of lien, by writing upon the margin of the record  thereof,  the  words  "discharged  by  payment."  Money  or   securities  deposited upon the acceptance of an offer pursuant to this section shall  be  held  by the clerk or the court until the final determination of the  action, including an appeal.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lie > Article-3 > 55

§  55.  Offer  to  pay  money into court, or to deposit securities, in  discharge of the lien. At any time after an action is brought under  the  provision  of  this  article, the owner may make and file with the clerk  with whom the notice of lien is filed, if in a court of record,  and  if  in a court not of record, with the court, an offer to pay into court the  sum  of money stated therein, or to execute and deposit securities which  he may describe, in discharge of the lien, and serve upon the  plaintiff  a copy of such offer. If a written acceptance of the offer is filed with  such  clerk,  or court, within ten days after its service, and a copy of  the acceptance is served upon the party making  the  offer,  the  court,  upon  proof  of  such  offer  and acceptance, may make an order, that on  depositing with such clerk,  or  court,  the  sum  so  offered,  or  the  securities  described,  the lien shall be discharged, and that the money  or securities deposited shall take the place of the property upon  which  the  lien  existed, and shall be subject to the lien. If the offer is of  money only, the court, on application and notice to  the  plaintiff  may  make  such  order, without the acceptance of the offer by the plaintiff.  If such action is brought in a court not of record, such  order  may  be  made by the county court of the county where such action is brought upon  notice,  and  upon filing such order and depositing such sum of money or  securities with the county clerk of  such  county,  he  shall  forthwith  discharge  said notice of lien, by writing upon the margin of the record  thereof,  the  words  "discharged  by  payment."  Money  or   securities  deposited upon the acceptance of an offer pursuant to this section shall  be  held  by the clerk or the court until the final determination of the  action, including an appeal.