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N.Y. LIE. LAW § 201-a : NY Code - Section 201-A: Proceeding to determine validity of liens

Search N.Y. LIE. LAW § 201-a : NY Code - Section 201-A: Proceeding to determine validity of liens

Within ten days
  after service of the notice of sale, the owner or any person entitled to
  notice pursuant to section two hundred one of this article may  commence
  a  special proceeding to determine the validity of the lien. 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
  owner or any such person shall show that the lienor is not  entitled  to
  claim  a lien in the property, or that all or part of the amount claimed
  by the lienor has not been properly charged to the account of such owner
  or 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
  lienor, the court shall direct the entry of judgment cancelling the lien
  or reducing the amount claimed thereunder  accordingly.  If  the  lienor
  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  owner  or
  such  person,  unless the property is redeemed prior thereto pursuant to
  section two hundred three of this article. 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 lienor, the owner or such
  person shall be entitled to possession of the property.


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