New York Lien Law

ARTICLE 8
OTHER LIENS ON PERSONAL PROPERTY

                           
       Section 
        180. Artisans` lien on personal property.
        182. Self-service storage facilities; lien.
        183. Lien of bailee of animals.
        184. Lien of bailee of motor vehicles, motor boats or aircraft.
        185. Lien of manufacturers and throwsters of silk goods.
        186. Lien of bailees for hire.
        187. Liens of truckmen and draymen.
        188. Lien of motion picture film laboratories.
        189. Liens of hospitals.
        190. Corporate mortgages against real and personal property.

  S 180. Artisans` lien on personal property. A person who makes,
alters, repairs or performs work or services of any nature and
description upon, or in any way enhances the value of an article of
personal property, at the request or with the consent of the owner, has
a lien on such article, while lawfully in possession thereof, for his
reasonable charges for the work done and materials furnished, and may
retain possession thereof until such charges are paid.

  S 182. Self-service storage facilities; lien. 1. Definitions. As used
in this article:
  (a) "Self-service storage facility" means any real property or a
portion thereof that is designed and used for the purpose of occupying
storage space by occupants who are to have access thereto for the
purpose of storing and removing personal property. The owner of a
self-service storage facility shall not be deemed to be a warehouseman
as defined in the uniform commercial code. Except as provided in
paragraph (b) of this subdivision, if an owner issues any warehouse
receipt, bill of lading, or other document of title for the personal
property stored, the owner and the occupant are subject to the
provisions of the uniform commercial code and the provisions of this
section shall not be applicable.
  (b) "Owner" means a person, partnership or corporation which operates
a self-service storage facility, an agent, or any other person
authorized by the owner to manage the facility or to receive storage
fees from an occupant under an occupancy agreement. A warehouseman may
be an owner to the extent that any part of the building is operated as a
self-service storage facility.
  (c) "Occupant" means a person, entitled to the use of the storage
space at a self-service storage facility under a written occupancy
agreement or his successor or assignee, to the exclusion of others
including the owner except as provided in this section or the occupancy
agreement.
  (d) "Occupancy agreement" means any written agreement that establishes
or modifies the terms, conditions, rules or any other provisions
concerning the use and occupancy of a self-service storage facility and
any one or more individual storage spaces therein.
  (e) "Personal property" means movable property not affixed to land and
includes, but is not limited to, goods, merchandise and household items.
2. Required disclosures. (a) The owner shall be required to provide
prior to allowing occupancy a written occupancy agreement which shall be
dated and signed by the occupant and the owner or his duly authorized
agent, and be written or printed in a size equal to at least ten-point
bold type and which shall set forth the following information:
  (i) name and address of owner and occupant;
  (ii) street address of self-service storage facility where goods will
be stored;
  (iii) the actual monthly occupancy charge for the particular goods to
be stored expressed in dollars;
  (iv) an itemization of other charges imposed or which may be imposed
in connection with the occupancy, a description of each such charge,
whether the charge is mandatory or optional, and the amount of each
charge expressed in dollars;
  (v) a statement of any limitation of damages which shall only be
applicable after the owner has enforced his lien pursuant to subdivision
seven of this section limiting the amount of the owner`s liability in
case of loss or damage of the goods setting forth a specific liability
per room size or dollar amount beyond which the owner will not be
liable; provided that if damages are so limited, a statement shall be
included that such liability may on the written request of the occupant
and if accepted in writing by the owner at the time of signing such
occupancy agreement or within a reasonable time thereafter be increased
on part or all of the goods stored, in which event increased rates may
be charged based on such increased valuation. The rates charged for an
increased valuation shall be set forth and a pre-addressed request form
to enable the occupant to request an increased valuation shall be
provided; and (vi) any other material terms and conditions of the
occupancy transaction.
  (b) Every occupancy agreement as required by this section shall
include the business address and telephone number to be used by the
occupant in making inquiries concerning the occupancy transaction.
  (c) Every occupancy agreement as required by this section shall
contain the following conspicuous notice:
"Notice: The monthly occupancy charge and other charges stated in this
agreement are the actual charges you must pay".
  3. Unlawful detention of goods. It shall constitute an unlawful
detention of goods for an owner to refuse to surrender goods stored by
him for an occupant upon payment by the occupant of the occupancy fees
permitted by this section.
  4. Private right of action. (a) Any occupant damaged by an unlawful
detention of his goods or any other violation of this section may bring
an action for recovery of damages and the return of his goods. Judgment
may be entered in an amount not to exceed three times the actual damages
plus reasonable attorneys fees.
  (b) Nothing in this section shall be construed so as to nullify or
impair any right or rights which a buyer may have against a seller at
common law, by statute or otherwise.
  5. Violation and penalties. Whenever there shall be a violation of
this section, an application may be made by the attorney general in the
name of the people of the state to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this section an injunction may be issued by such court or
justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this section has occurred, the court may impose a civil
penalty of not more than one thousand dollars for each violation. In
connection with any such proposed application, the attorney general is
authorized to take proof and make a determination of the relevant facts
and to issue subpoenas in accordance with the civil practice law and
rules.
  6. Lien. The owner of a self-service storage facility has a lien upon
all personal property stored at a self-service storage facility for
occupancy fees or other charges, present or future, in relation to the
personal property and for expenses necessary for its preservation or
expenses reasonably incurred in its sale or other disposition pursuant
to law and any other charges pursuant to the occupancy agreement. The
lien provided for in this section is superior to any other lien or
security interest. The lien attaches as of the date the personal
property is brought to the self-service storage facility.
  7. Enforcement of lien. An owner`s lien may be enforced by public or
private sale of the goods that have been removed from the storage space
at a self-service storage facility, in block, or in parcel, at any time
or place and on any terms which are commercially reasonable after notice
to all persons known to claim an interest in the goods. The notice shall
include an itemized statement of the amount due, the description of the
property subject to the lien, the nature of the proposed sale, a demand
for payment within a specified time not less than ten days from receipt
of notification and a conspicuous statement that unless the claimant
pays within that time the goods will be advertised for sale and sold at
public or private sale in a commercially reasonable manner. The notice
shall further include the time and place of any public or private sale
and it shall state that any person claiming an interest in the goods is
entitled to bring a proceeding hereunder within ten days of the service
of the notice if he disputes the validity of the lien, or the amount
claimed. The notice shall be personally delivered to the occupant, or
sent by registered or certified mail, return receipt requested, to the
occupant to the last address provided by the occupant, pursuant to the
occupancy agreement.
  8. Pricing. The fact that a better price could have been obtained by a
sale at a different time or in a different method from that selected by
the owner is not of itself sufficient to establish that the sale was not
made in a commercially reasonable manner. If the owner either sells the
goods in the usual manner in any recognized market therefor, or if he
sells at the price current in such market at the time of his sale, or if
he has otherwise sold in conformity with commercially reasonable
practices among dealers in the type of goods sold, he has sold in a
commercially reasonable manner. A sale of more goods than apparently
necessary to be offered to insure satisfaction of the obligation is not
commercially reasonable except in cases covered by the preceding
sentence.
  9. Special proceeding. The special proceeding may be brought in any
court which would have jurisdiction to render a judgment for a sum equal
to the amount of the lien. If the person shall show that the owner is
not entitled to claim a lien in the goods, or that all or part of the
amount claimed by the owner has not been properly charged to the account
of such person, or, as the case may be, that all or part of such amount
exceeds the fair and reasonable value of the services performed by the
owner, the court shall direct the entry of judgment cancelling the lien
or reducing the amount claimed thereunder accordingly. If the owner
shall establish the validity of the lien, in whole or in part, the
judgment shall fix the amount thereof, and shall provide that the sale
may proceed upon the expiration of five days after service of a copy of
the judgment together with notice of entry thereof upon the person,
unless the goods are redeemed prior thereto. If the lien is cancelled,
the judgment shall provide that, upon service of a copy of the judgment
together with notice of entry thereof upon the owner, the person shall
be entitled to possession of the property.

  S 183. Lien of bailee of animals. Any veterinarian, duly licensed to
practice under the laws of this state, who in connection with such
practice renders professional services in the treatment of any dog, cat,
or other domestic animal or boards any such animal on his premises, or a
person keeping a livery stable, or boarding stable for animals, or
pasturing or boarding one or more animals, or who in connection
therewith keeps or stores any wagon, truck, cart, carriage, vehicle or
harness, has a lien dependent upon the possession upon each dog, cat or
other animal kept, pastured or boarded by him, and upon any wagon,
truck, cart, carriage, vehicle or harness, of any kind or description,
stored or kept provided an express or implied agreement is made with the
owners thereof, whether such owner be a mortgagor remaining in
possession or otherwise, for the sum due him for the professional
service rendered, care, keeping, boarding or pasturing of the animal, or
for the keeping or storing of any wagon, truck, cart, carriage, vehicle
and harness, under the agreement, and may detain the dog, cat or other
animal or wagon, truck, cart, carriage, vehicle and harness accordingly,
until such sum is paid.

  S 184. Lien of bailee of motor vehicles, motor boats or aircraft. 1. A
person keeping a garage, hangar or place for the storage, maintenance,
keeping or repair of motor vehicles as defined by the vehicle and
traffic law, or of motor boats as defined by article seven of the
navigation law, or of aircraft as defined by article fourteen of the
general business law, and who in connection therewith tows, stores,
maintains, keeps or repairs any motor vehicle, motor boat, or aircraft
or furnishes gasoline or other supplies therefor at the request or with
the consent of the owner or, subject to the provisions of subdivision
two of this section, tows and stores any motor vehicle at the request of
a law enforcement officer authorized to remove such motor vehicle,
whether or not such motor vehicle, motor boat or aircraft is subject to
a security interest, has a lien upon such motor vehicle, motor boat or
aircraft for the sum due for such towing, storing, maintaining, keeping
or repairing of such motor vehicle, motor boat or aircraft or for
furnishing gasoline or other supplies therefor and may detain such motor
vehicle, motor boat or aircraft at any time it may be lawfully in his
possession until such sum is paid, except that if the lienor, subsequent
to thirty days from the accrual of such lien, allows the motor vehicle,
motor boat or aircraft out of his actual possession the lien provided
for in this section shall thereupon become void as against all security
interests, whether or not perfected, in such motor vehicles, motor boat
or aircraft and executed prior to the accrual of such lien,
notwithstanding possession of such motor vehicle, motor boat or aircraft
is thereafter acquired by such lienor.
  However, if the bailee of a motor vehicle, motor boat or aircraft has
furnished a written estimate of the cost of towing, storage,
maintenance, repair or any other service on such motor vehicle, motor
boat or aircraft, any lien sought by such bailee for such service may
not be in an amount in excess of the written estimate.
  2. A person who tows and stores a motor vehicle at the request of a
law enforcement officer authorized to remove such motor vehicle shall be
entitled to a lien for the reasonable costs of such towing and storage,
provided that such person, within five working days from the initial
towing, mails to the owner of said motor vehicle a notice by certified
mail return receipt requested that contains the name of the person who
towed and is storing said motor vehicle, the amount that is being
claimed for such towing and storage, and the address and times at which
said motor vehicle may be recovered. Such notice shall further state
that the person mailing said notice claims a lien on said motor vehicle
and that said motor vehicle shall be released to the owner thereof or
his or her lawfully designated representative upon full payment of all
charges accrued to the date that said motor vehicle is released. A
person who mails the foregoing notice within said five day period shall
be entitled to a lien for storage from and after the date of initial
towing, but a person who fails to mail such notice within said five day
period shall only be entitled to a lien for storage from and after the
date that the notice was mailed. A failure to mail such notice in a
timely fashion shall not affect a lien for towing.
  3. The provisions of this section shall not apply to a person who tows
and stores a motor vehicle at the request of a law enforcement officer
where such request is made pursuant to the provisions of a local law or
ordinance regulating the towing and safekeeping of stolen or abandoned
vehicles within such locality and which requires such motor vehicle to
be turned over to the locality after a specified period of time.
  4. The lien provided herein shall not inure to the benefit of any
person required to be registered as a motor vehicle repair shop pursuant
to article twelve-A of the vehicle and traffic law who is not so
registered.
  5. A person who tows and stores a motor vehicle at the request of a
law enforcement officer authorized to remove such motor vehicle, and who
seeks to assert a lien for the storage of such motor vehicle pursuant to
subdivision two of this section shall mail by certified mail, return
receipt requested, a notice pursuant to this subdivision to every person
who has perfected a security interest in such motor vehicle or who is
listed as a lienholder upon the certificate of title of such motor
vehicle pursuant to the vehicle and traffic law within twenty days of
the first day of storage. Such notice shall include the name of the
person providing storage of the motor vehicle, the amount being claimed
for such storage, and address and times at which the motor vehicle may
be recovered. The notice shall also state that the person providing such
notice claims a lien on the motor vehicle and that such motor vehicle
shall be released upon full payment of all storage charges accrued on
the date the motor vehicle is released.  A person who mails such notice
within such twenty day period shall be entitled to a lien for storage
from and after the first date of storage.  A person who fails to mail
such notice within such twenty day period shall only be entitled to a
lien for the amount payable for storage from and after the date the
notice was mailed. A failure to mail such notice in a timely fashion
shall not affect a lien for towing.

  S 185. Lien of manufacturers and throwsters of silk goods. All persons
or corporations engaged in the business of manufacturing, spinning or
throwing silk into yarn or other goods, shall be entitled to a lien upon
the goods and property of others in their possession for the amount of
any account that may be due them, from the owners of such silk, by
reason of any work and labor performed, and materials furnished in or
about the manufacturing, spinning or throwing of the same, or other
goods, of such owner or owners. Such lien shall not be waived or
impaired by the taking of any note or notes for the moneys so due, or
for the work and labor performed and materials furnished.

  S 186. Lien of bailees for hire. Every person, firm or corporation
engaged in performing work upon any watch, clock or jewelry for a price
shall have a lien upon any such watch, clock or jewelry upon which such
person, firm or corporation performs such work for the amount of any
account that may be due for such work. Such lien shall also include the
value or agreed price, if any, of all materials furnished by such
bailees for hire in connection with such work, whether added to such
article or articles or otherwise. If such account remain unpaid for one
year, after completing such work, such bailees for hire may, upon thirty
days` notice in writing to the owner specifying the amount due and
informing him that the payment of such amount within thirty days will
entitle him to redeem such property, sell any such article or articles
at public or bona fide private sale to satisfy the account. The proceeds
of the sale, after paying the expenses thereof, shall be applied in
liquidation of the indebtedness secured by such lien and the balance, if
any, shall be paid over to the owner. Such notice may be served by mail,
directed to the owner`s last known address, or, if the owner or his
address be unknown, it may be posted in two public places in the town,
village or city where the property is located. Such notice shall be
written or printed. Nothing herein contained shall preclude the remedy
of enforcing such lien by action, as provided in article nine of this
chapter.

  S 187. Liens of truckmen and draymen. 1. Every person, firm or
corporation engaged in carting or trucking property shall have a lien
upon such property and may retain such portion of the property in his
possession as will insure to the said truckman or drayman, at the sale
of such property in the manner hereinafter provided, a fair and
reasonable compensation for the material and labor furnished, including
any moneys advanced by such bailee for hire in connection with such
work. Such truckman or drayman shall have such lien and may retain such
property only as provided in paragraph two of this section.
  2. If such amount remains unpaid for thirty days after demand, such
bailee for hire may upon fifteen days` notice in writing to the owner,
specifying the amount due and informing him that the payment of such
amount within fifteen days will entitle him to redeem such property, and
if such property is not redeemed, such bailee may sell such property at
public sale to satisfy the account, including any expense for storage,
insurance, or otherwise incurred for the protection or preservation of
such property. The proceeds of the sale after paying the expenses
thereof shall be applied in liquidation of the indebtedness secured by
such lien, and the balance, if any, shall be paid over to the owner.
Such notice shall be served by registered mail directed to the owner`s
last known postoffice address and by posting in three public places in
the town, village or city where the property is located. Nothing herein
contained shall preclude the remedy of enforcing such a lien by action
as provided in article nine of this chapter.

Top of Page      

  S 188. Lien of motion picture film laboratories. All persons, firms or
corporations engaged in the business of a motion picture film laboratory
or in the business of developing, titling, storing, assembling or
reproducing motion picture film shall have, in every case where such
persons or corporations copy, print, reprint, reproduce or in any manner
prepare, at the request, with the consent or with the knowledge of the
owner or his agent, a positive print or prints from a motion picture
negative film for the owner thereof, or for a lessee, licensee,
mortgagee, conditional vendee or person in possession thereof, a lien
upon such positive prints and upon the negative film from which such
positive print or prints were made, printed, reproduced or prepared,
including the distribution and exhibition rights therein of all persons,
firms or corporations at whose request, or with whose knowledge or
consent such positive prints were copied, printed, reprinted, reproduced
or prepared, and upon any and all other negative or positive prints or
films of such owner, lessee, licensee, mortgagee or conditional vendee
in their possession, including the distribution and exhibition rights
therein, of all such persons, firms and corporations aforesaid and may
retain such negative and positive motion picture films at any time they
may be lawfully in their possession until the payment of any sum due
from the owner of such negative or positive films or from any licensee,
lessee, mortgagee or conditional vendee thereof or from any person
authorized to contract for such work, for the material and labor
furnished, including storage charges, insurance, cost of containers and
money advanced in connection with the developing, printing, reproducing
and preparing of such motion picture negative or positive films.
Possession of motion picture film by any person who shall deliver the
same to any motion picture laboratory shall be presumptive evidence of
the consent of the owner thereof to the performance of the work which
may be done thereon or therefrom by such laboratory. No lien hereby
granted shall be waived or impaired by the taking of any note or notes
for the moneys so due or for the work and labor performed and materials
and moneys furnished.

  S 189. Liens of hospitals. 1. Every corporation incorporated under
general law or special act as a charitable institution maintaining a
hospital in the state supported in whole or in part by charity, the
state university of New York and every county, city, town or village
operating and maintaining a hospital shall to the extent hereinafter
provided have a lien upon any and all rights of action, suits, claims,
counterclaims or demands, of any nature whatsoever, of any person
receiving emergency treatment or admitted to any such hospital and
receiving treatment, care and maintenance therein, on account of any
personal injuries received within a period of one week prior to
receiving emergency treatment or admission to the hospital and as the
result of the negligence, wrongful act or any other tort, of any other
person or persons or corporation, which any such injured person or the
legal representative of such injured person, in case of death as the
result of such injuries, may or shall have, assert or maintain against
any such other person or corporation for damages on account of such
injuries, for the amount of the reasonable charges of such hospital, for
the treatment, care and maintenance of such injured person at cost rates
in such hospital. If such injured person received emergency treatment or
was admitted to the hospital on account of personal injuries received
within a week prior to such treatment or admission, the state university
or any such corporation or such municipal corporation maintaining a
hospital to which such person may be transferred for subsequent
treatment of the same injuries shall also have a lien as provided herein
although such transfer may occur during or after a week from the time
when such injuries were received. No such lien shall be effective,
however, unless a written notice containing the name and address of the
injured person, the date of the accident, the name and location of the
hospital and the name of the person or persons, firm or firms,
corporation or corporations alleged to be liable to the injured party
for the injuries received, shall prior to the payment of any moneys to
such injured person, his attorneys, or legal representatives as
compensation for such injuries be mailed, registered or certified and
postage prepaid, to the person or persons, firm or firms, corporation or
corporations, alleged to be liable to the injured party for the injuries
sustained prior to the payment to such injured person, his attorneys or
legal representatives, as compensation for such injuries. Such hospital
shall mail a copy of such notice to any insurance carrier which has
insured such person, firm or corporation against such liability. Such
mailing shall be deemed to be effective notwithstanding any inaccuracy
or omission therein if the information contained therein shall be
sufficient to enable the person or persons or corporation alleged to be
liable, by the exercise of reasonable diligence, to identify the injured
person, the occurrence upon which the claim for damages is based and the
name and address of the hospital asserting the lien. Any hospital
claiming a lien hereunder shall, in addition to the foregoing, file in
the office of the county clerk of the county in which the hospital is
located and mail to the persons and in the manner above provided, after
the discharge of any injured person, an additional notice of lien, duly
verified, which shall show the total hospital charges which have accrued
and no lien hereunder shall exceed this amount.
  2. (a) Subject to the provisions of paragraph (b) hereof the lien of
any such hospital shall attach: (i) To any verdict, decision, decree,
judgment or final order made or rendered in any suit, action or
proceeding of any nature whatsoever, brought in any court of this state,
by such injured person, or the legal representative of such injured
person in case of death as the result of such injuries, against any
other person or persons or corporation for the recovery of damages or
compensation on account of such injuries or for the death of such person
resulting therefrom, as well as to the proceeds of any settlement of any
such verdict, decision, decree, judgment or final order made or rendered
in any such suit, action or proceeding.
  (ii) To the proceeds of the settlement or compromise of any such suit,
action or proceeding, effected, before any verdict, decision, decree,
judgment or final order is made or rendered therein, by any such injured
person or his legal representative in case of death, with any other
person, persons, or corporation claimed or alleged to be liable for said
injuries or death, or with any other person or persons or corporations
on account thereof.
  (iii) To the proceeds of the settlement or compromise of any such
claim, demand, or cause of action effected, before the commencement of
any suit, action or proceeding thereon, by any such injured person or
his legal representative in case of death, with any other person, or
persons or corporation claimed or alleged to be liable for said injuries
or death, or with any other person or persons or corporation on account
thereof.
  (b) In the case of a recovery by judgment, settlement or compromise
under sections one hundred nineteen and one hundred twenty or one
hundred thirty, one hundred thirty-two and one hundred thirty-three of
the decedent estate law, such lien shall attach only if the reasonable
expenses of medical aid, nursing and attention incident to the injury
are an element of the damages recoverable in such action.
  3. After the filing of the notice and mailing of the copy and
statement as herein provided, no release of any judgment, claim, or
demand by such injured person shall be valid or effective against such
lien. The person or persons or corporation making any payment to such
injured person or his legal representative for the injury sustained
shall give notice by registered mail to the hospital having such lien
and shall for a period of one year from the date of the receipt of such
notice by such hospital as aforesaid remain liable to such hospital for
the amount of its reasonable charges as aforesaid due at the time of
such payment, to the extent of the full and true consideration paid or
given to the injured person or his legal representative, less the amount
of any other liens or claims against such moneys superior to such
hospital lien, and the state university or any such corporation or other
institution or body maintaining such hospital may within such period
enforce its lien by a suit at law against such person or persons or
corporation making any such payment or gift.
  4. Every county clerk shall, at the expense of the county, provide a
suitable, well-bound book, to be called the hospital lien docket, in
which, upon the filing of any lien claim under the provisions of this
section, he shall enter the name of the injured person, the date of the
accident or event causing the injury, the name of the hospital or other
institution making the claim. The said clerk shall make a proper index
of the same in the name of the injured person.
  5. Any person or persons, firm or firms, corporation or corporations
legally liable for such lien or against whom a claim shall be asserted
for compensation for such injuries, shall be permitted to examine the
records of such hospital or of any such corporation, or other
institution or body maintaining such hospital in reference to such
treatment, care and maintenance of such injured person, except such
confidential communications or records as are privileged, unless such
confidential status shall have been waived.
  6. The lien of any such hospital under the provisions of this section
shall not apply to any award or settlement made pursuant to the
workmen`s compensation law of this state, nor to the proceeds of any
such award or settlement, in respect to the injury for which a lien is
filed, nor in case the amount paid to the injured person or his
representative in the event of death in settlement or compromise is
three hundred dollars or less.
  6-a. At any time after the filing and mailing of the notices of lien
as provided in subdivision one of this section, any such injured person,
or his legal representative in case of death, such hospital, or any
person, firm or corporation alleged to be liable to the injured person
or to his legal representative, may apply for an order determining the
validity of such lien and fixing the amount thereof. Such application
shall be made to the surrogate of the county wherein letters have been
issued to the executor or administrator of the injured person, or to any
court which would have jurisdiction of an action based upon contract for
a sum equal to the amount set forth in the notice of lien filed in the
office of the county clerk as provided in subdivision one of this
section; provided, however, that except for an application made to such
surrogate, the application shall be made in the county in which the
notice of lien has been filed. Such application shall be made upon not
less than eight nor more than ten days` notice. Notice of the
application shall be served upon the following persons, other than the
applicant: (a) the person, firm or corporation alleged to be liable to
the injured person or to his legal representative, (b) the hospital, or
the attorney, if known, who on its behalf filed said notice of lien, (c)
the injured person or his legal representative, (d) any insurance
carrier, if known, which has insured such person, firm or corporation
alleged to be liable, against such liability. If an action for damages
on account of such injury or death is pending, service upon any party
thereto may be made upon his or its attorney of record. Upon the return
of such application and the determination of the validity of such lien,
if it appears that there is a bona fide dispute as to the charges, an
immediate hearing to determine the amount of the reasonable charges of
such hospital for the treatment, care, and maintenance of such injured
person at cost rates shall forthwith be ordered before the court and a
jury, or, if a jury be waived, before the court or a referee. Upon such
hearing the party making the application or the hospital may apply to
the court for an order requiring the other to pay the reasonable
expenses, not including attorneys` fees, incurred in making proof. For
the purposes of this section, proof that the charges made by the
hospital to the injured person for bed, board, routine nursing, ordinary
dressings and drugs, x-ray services, laboratory tests, and other medical
care or treatment do not exceed the charges made by the hospital for
such services and supplies in the care of workmen`s compensation
patients shall be prima facie evidence of the reasonableness of such
charges at cost rates in the care of the injured person. A copy of the
order upon such application, with notice of entry, shall be served by
the party making the application on every person, firm or corporation
served with notice of the application, or upon his or its attorney
appearing upon the application, and the sum fixed in said order shall
constitute the extent of the lien provided in this section.
  7. The provisions of this section to the contrary notwithstanding, the
lien herein created shall be subject and subordinate to the lien of the
amount recovered by verdict, report, decision, judgment or decree,
settlement or compromise, of any attorney or attorneys retained by any
such injured person or his legal representative in case of death, to
prosecute his claim for damages for personal injuries or for the death
of the injured person, having or acquiring by virtue of such retainer a
lien on the cause of action of any such injured person, or his legal
representative in case of death, or on the verdict, report, decision,
judgment, decree made in, or any settlement or compromise of, any such
action or claim for damages for personal injuries or for the death of
such injured person; and, notwithstanding the provisions of this
section, the lien created hereunder in no case shall be operative so as
to create a priority or a precedence therefor as against any other lien,
debt or claim in the administration of the estate of a decedent or the
distribution of damages recovered or obtained on account of a wrongful
act, neglect or default causing a decedent`s death, and the amount of
the debt or claim covered by such lien in such a case shall have the
same position as to priority and be payable in the same manner and to
the same extent as otherwise provided by law.
  8. Execution upon any judgment obtained in an action based upon
injuries for which a lien has been filed as herein provided shall be
stayed until the lien has been satisfied or discharged in accordance
with the provisions of this section.
  9. Upon the order of any court of record having jurisdiction in the
premises, any person, persons or corporation against whom a lien shall
have been filed and served may deposit the amount of any settlement or
judgment less the amount of any other liens or claims against such
moneys superior to such hospital lien, with the county treasurer in the
county in which the lien is filed, except, in a county within the city
of New York where such deposit shall be made with the commissioner of
finance of such city, and the person, persons or corporation so
depositing shall be discharged from all liability in connection with
such lien which lien shall attach to the fund so deposited.
  10. Any such lien may be enforced by action against the person,
persons or corporations claimed to be liable or against the fund
deposited as hereinbefore provided in any court of record.
  11. The filing of a notice of lien of a hospital under the provision
of this section shall be valid for a period of ten years only. The
validity of the filing may be extended for successive additional period
of ten years each from the date of refiling, by filing in the proper
county clerk`s office, a copy of the original notice of lien within
ninety days next preceding the expiration of each period, with a
statement attached, signed by the lienor, showing the amount remaining
to be paid thereon.  Such copy, with statement attached, shall be filed
and entered in the same manner as a notice of hospital lien filed and
entered for the first time, and the county clerk shall be entitled to a
like fee as upon the original filing. Every renewal of a hospital lien
must be stamped or marked "renewal," and contain therein reference to
the date of filing of the lien which it is desired to continue for a
further period, and the date of filing of the latest previous renewal
thereof. The county clerk is authorized to destroy any and all notices
of liens of hospitals filed in his office pursuant to the provisions of
this section, after the expiration of twelve years from the date of
filing, and any and all indexes to such notices of lien, after the
expiration of twenty-five years from the date of the last entry of a
lien therein.

  S 190. Corporate mortgages against real and personal property. 1. A
mortgage creating a lien upon real and personal property, executed by a
corporation as security for the payment of bonds, notes or other
evidences of indebtedness, issued by such corporation or any other
corporation, or executed by any telegraph, telephone, electric light,
railroad, street railway or omnibus corporation, and recorded as a
mortgage of real property in each county where such real property is
located or through which the line or route of such telegraph, telephone,
electric light, railroad, street railway or omnibus corporation runs,
need not be filed or refiled as a chattel mortgage or perfected by
filing in accordance with part five of article nine of the uniform
commercial code in any county where the mortgage is recorded, but filing
in accordance with that part in the department of state only is required
to perfect a security interest in the personal property or fixtures
covered by such a mortgage hereafter recorded.
  2. When any such original mortgage provides or provided for the
inclusion of property, either personal, or real and personal, thereafter
acquired, a mortgage of such after-acquired property supplemental to
such mortgage may be recorded as a mortgage of real property in each
county where the original mortgage is recorded and in each county where
such after-acquired real property is located and when so recorded need
not be filed or refiled as a chattel mortgage or perfected by filing in
accordance with part five of article nine of the uniform commercial code
in any county where both the original and the supplemental mortgage are
recorded, but filing in accordance with that part in the department of
state only is required to perfect a security interest in the personal
property or fixtures covered by such a supplemental mortgage hereafter
recorded.
  3. This section does not require the recording of a supplemental
mortgage or filing in accordance with part five of article nine of the
uniform commercial code in the department of state to perfect a mortgage
of or security interest in after-acquired property when any such
original mortgage provides or provided for the inclusion of such
after-acquired property and decisional law prior to the enactment or
amendment of this section, or of former section two hundred thirty-one
of this chapter, recognized the validity or enforceability of such a
provision in such an original mortgage without the execution or
recording of a supplemental mortgage covering such after-acquired
property, nor does section 9--311 of the uniform commercial code require
the perfection of a security interest in railway rolling stock under
section twenty-c of title forty-nine of the United States code (as added
by the act of July sixteenth, nineteen hundred fifty-two, chapter eight
hundred eighty-one, 66 Stat. 724) as now in force or as hereafter
amended.