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This entry was published on 2014-09-22
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SECTION 21-A
Vacating lien for a public improvement, by order of court
Lien (LIE) CHAPTER 33, ARTICLE 2
§ 21-a. Vacating lien for a public improvement, by order of court. A
lien against the amount due or to become due a contractor from the state
or a public corporation, for the construction or demolition of a public
improvement, may be vacated and canceled by an order of the supreme
court. Before such order shall be granted, a notice shall be served upon
the lienor personally or, in such manner as the court may direct. Such
notice shall require the lienor to commence an action to enforce the
lien within a time specified in the notice, not less than thirty days
from the time of service, or show cause at a special term of the supreme
court in the judicial district embracing the county wherein the notice
of lien is filed, at a time and place specified therein, why the notice
of lien should not be vacated and canceled of record. Proof of such
service and that the lienor has not commenced the action to foreclose
such a lien, as directed in the notice, shall be made by affidavit, at
the time of applying for such order.