senate Bill S7576

2013-2014 Legislative Session

Provides for the delivery of a notice of enforcement of a lien by means of verified electronic mail

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to judiciary

S7576 - Details

See Assembly Version of this Bill:
A9960
Current Committee:
Law Section:
Lien Law
Laws Affected:
Amd ยง182, Lien L

S7576 - Summary

Provides for the delivery of a notice of enforcement of a lien by means of verified electronic mail.

S7576 - Sponsor Memo

S7576 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7576

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the lien law, in relation to notice of enforcement of  a
  lien

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 182 of the lien law is amended  by
adding four new paragraphs (f), (g), (h) and (i) to read as follows:
  (F)  "ELECTRONIC MAIL" SHALL MEAN AN ELECTRONIC MESSAGE OR AN EXECUTA-
BLE PROGRAM OR COMPUTER FILE THAT CONTAINS AN IMAGE OF A MESSAGE THAT IS
TRANSMITTED BETWEEN TWO OR MORE COMPUTERS OR ELECTRONIC TERMINALS.  SUCH
TERM  SHALL  INCLUDE  ELECTRONIC MESSAGES THAT ARE TRANSMITTED WITHIN OR
BETWEEN COMPUTER NETWORKS.
  (G) "LAST KNOWN ADDRESS" SHALL MEAN THE POSTAL ADDRESS  OR  ELECTRONIC
MAIL ADDRESS PROVIDED BY THE OCCUPANT IN THE LATEST OCCUPANCY AGREEMENT,
OR  THE  POSTAL ADDRESS OR ELECTRONIC MAIL ADDRESS PROVIDED BY THE OCCU-
PANT IN A SUBSEQUENT WRITTEN NOTICE OF A CHANGE OF ADDRESS.
  (H) "VERIFIED MAIL" SHALL MEAN ANY METHOD OF MAILING THAT  IS  OFFERED
BY  THE  UNITED  STATES  POSTAL SERVICE OR PRIVATE DELIVERY SERVICE THAT
PROVIDES EVIDENCE OF MAILING.
  (I) "VERIFIED ELECTRONIC MAIL" MEANS ELECTRONIC MAIL THAT IS TRANSMIT-
TED TO AN E-MAIL ADDRESS THAT THE OCCUPANT HAS VERIFIED AS  BEING  THEIR
OPERABLE  E-MAIL  ADDRESS AND HAS EXPRESSLY ELECTED TO RECEIVE NOTICE BY
ELECTRONIC MAIL TO THAT ADDRESS.
  S 2. Subdivision 7 of section 182 of the lien law, as added by chapter
975 of the laws of 1983, is amended to read as follows:
  7. Enforcement of lien. (A) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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