N.Y. Lien Law § 104: Action on undertaking

§ 104. Action on undertaking. The undertaking may be prosecuted by

action in any court having jurisdiction thereof, at any time within

three months after its delivery, but not afterward. If, in such action

it is found that any sum is due the plaintiff which was a subsisting

lien upon the vessel at the time the notice of lien was filed, the

plaintiff shall have judgment for the recovery of the same with the

costs and disbursements of the action and the costs of the proceedings

for the seizing of the vessel and shall have execution therefor. If it

is found in such action that no such lien existed, judgment shall be

rendered against the plaintiff for the costs and disbursements of the

action and the costs of the proceedings, including the amount paid the

sheriff in the discharge of the vessel from the warrant.