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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