New York Lien Law

ARTICLE 5 LIENS ON MONUMENTS, GRAVESTONES AND CEMETERY STRUCTURES

       Section  
        120. Liens on monuments, gravestones and cemetery structures.
        121. Notice of lien.
        122. Proceedings to enforce lien.
        123. Disposition of proceeds of sale.
        124. Duties of officers of cemetery associations.

  S 120. Liens on monuments, gravestones and cemetery structures. A
person furnishing or placing in a cemetery or burial ground, a monument,
gravestone, inclosure or other structure, has a lien thereon for the
agreed price thereof or the part remaining unpaid, with interest from
the time the amount was due, upon filing with the superintendent or
person in charge of such cemetery or burial ground, a notice of lien as
provided in this article.

  S 121. Notice of lien. Such notice may be filed at any time after the
completion of the work, but must be filed within one year after the
agreed price for furnishing or placing such monument, gravestone,
inclosure or other structure becomes due, and shall state that the
lienor has a lien on such monument, gravestone, inclosure or structure
for the purchase price thereof, or some unpaid part of such purchase
price, with interest, specifying the amount agreed to be paid, and the
amount unpaid, with a description of such monument, gravestone,
inclosure or other structure, and the location of the plot upon which it
stands, and the names of the persons with whom the agreement for the
purchase and erection of the structure, or for the performance of such
labor was made. The notice shall be signed and verified by the lienor.
The lienor shall, within ten days after the filing of such notice, serve
a copy personally, or by mail, upon the person with whom the agreement
for the purchase and erection of such monument, gravestone, or other
structure, or for the performance of labor thereon was made, and upon
the owner of the lot upon which such monument, gravestone or other
structure is erected, if the name and residence of such owner can, with
reasonable diligence be ascertained.

  S 122. Proceedings to enforce lien. After the service of such notice,
an action to recover the amount of the debt and to enforce a lien
therefor may be maintained by the lienor against the person with whom
the agreement was made, for the purchase and erection of such monument,
gravestone, inclosure or other structure or for the performance of labor
thereon. If such lienor succeeds in establishing his lien, the judgment
recovered may authorize him to remove such monument, gravestone,
inclosure or other structure from the burial ground or cemetery and to
sell the same at public auction to satisfy the amount of such judgment.
Notice of the sale shall be published at least ten days before the time
thereof, in a newspaper published in the town or city where such sale is
to take place, and if no newspaper is published therein, in a newspaper
nearest thereto. Such notice shall state the time and place of the sale,
and shall describe the property to be sold. A copy of such notice shall
be served personally or by mail at least ten days before such sale upon
the persons served with the notice of lien as prescribed in the
preceding section.

  S 123. Disposition of proceeds of sale. The lienor shall, out of the
proceeds of the sale, pay the expenses thereof, and the expenses of the
removal of such monument, gravestone, inclosure or other structure from
the cemetery or burial ground, not exceeding fifty dollars, if a
monument, and ten dollars, if a gravestone, inclosure or other
structure, and retain out of such proceeds, the amount due upon the
judgment recovered in the action to enforce the lien, and the residue,
if any, shall be forthwith paid to the judgment debtor.

  S 124. Duties of officers of cemetery associations. The superintendent
or other person in charge of a cemetery or burial ground shall not
permit the removal, alteration or inscription of a monument, gravestone,
inclosure or other structure, against which a lien exists, after the
notice of such lien has been filed and served as prescribed in this
article, except pursuant to the terms of a judgment recovered in an
action brought to enforce such lien. No officer of a cemetery
association, or other person connected with a cemetery or burial ground,
shall hinder or obstruct the removal in a proper manner of any such
monument, gravestone, inclosure or other structure pursuant to the terms
of such judgment.

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