N.Y. Lien Law § 107: Discharge of lien before issue of warrant

§ 107. Discharge of lien before issue of warrant. When any notice of

lien shall have been filed under this article and no warrant has been

issued to enforce the same, any person interested in the vessel, may

apply to any justice of the supreme court for leave to discharge the

lien upon giving an undertaking therefor to the lienor. The application

shall be in writing, and shall state the amount of the lien claimed and

the grounds of the defense thereto, and the names of the persons

proposed as sureties on such undertaking, with their respective

residences and places of business. Upon presenting such application with

proof that a copy thereof, with at least five days' notice of the time

and place of presenting the same, has been served upon the lienor, such

justice may, if no just cause be shown in opposition thereto, authorize

the execution of such undertaking, which shall be to the same effect as

an undertaking required in this article upon the application to

discharge a warrant, and an action may be brought thereon in like

manner. At the time of the presentation of such application the sureties

proposed in such undertaking shall justify before such justice. When

such undertaking has been executed and approved by such justice and

delivered to the lienor, the justice shall direct the clerk with whom

the notice of lien is filed to mark the same as discharged, and it shall

cease to be a lien upon such vessel.