New York Lien Law
ARTICLE 6
LIENS FOR LABOR ON STONE
Section
140. Lien for labor performed in quarrying, mining, dressing and
cutting stone.
141. Duration and effect of lien.
142. Discharge of lien.
S 140. Lien for labor performed in quarrying, mining, dressing and
cutting stone. A person employed in a quarry, mine, yard or dock at
excavating, quarrying, mining, dressing or cutting sandstone, granite,
cement stone, limestone, bluestone or marble, may have a lien on such
sandstone, cement stone, granite, limestone, bluestone or marble, for
the amount due for the labor expended thereon, upon filing a notice of
lien as paragraph two of subsection (a) of section 9--501 of the uniform
commercial code requires to perfect a security interest in such
sandstone, cement stone, granite, limestone, bluestone or marble. Such
notice must be filed within thirty days after the completion of such
labor and must state the amount due therefor, the name and residence of
the lienor, and the name of the person for whom the labor was performed,
the quantity and description of the sandstone, cement stone, granite,
bluestone, limestone or marble against which the claim is made. Such
notice of lien shall be marked, filed and indexed by the filing officer
in the same manner as a financing statement, and the same fees shall be
charged therefor. A copy of the notice so filed shall be served upon the
owner of such sandstone, cement stone, granite, limestone, bluestone or
marble or upon the person in charge of the quarry, mine, yards or docks
wherein such services were performed within five days after the filing
thereof.
S 141. Duration and effect of lien. Such lien shall terminate unless
an action is brought to enforce the same within three months after the
date of filing such notice, as provided in article nine for the
enforcement of a lien upon a chattel. If the labor upon such sandstone,
cement stone, granite, bluestone, limestone or marble is performed for a
contractor under a contract with the owner of such quarry, mine, yard or
dock, the owner shall not be liable to pay by reason of all the liens
filed against such quarry, mine, yard or dock, a greater sum than the
amount unpaid upon such contract at the time of filing such notices, or
in case there is no contract, than the aggregate amount unpaid of the
value of labor and services performed, pursuant to the preceding
section. The lien created by this article shall not attach to any
material which shall have become a part of any building or structure, or
ceased to be the property of the person for whom such labor was
performed.
S 142. Discharge of lien. Such lien may be discharged by a payment of
the amount due thereon, by a failure to bring an action to enforce the
same within the time prescribed in the preceding section, by the written
consent of the lienor, duly acknowledged and filed with the proper
officer to the effect that such lien may be discharged, and by the owner
of such sandstone, cement stone, granite, bluestone, limestone or marble
filing with such officer an undertaking in an amount equal to twice the
sum specified in the notice of lien, executed by one or more sureties
who shall justify in such amount and approved by the officer with whom
the notice of lien is filed, conditioned for the payment of the sum due
such lienor, by reason of such lien, and the cost and expenses of
enforcing the same.
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