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This entry was published on 2014-09-22
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SECTION 184
Lien of bailee of motor vehicles, motor boats or aircraft
Lien (LIE) CHAPTER 33, ARTICLE 8
§ 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.