N.Y. Lien Law § 184: Lien of bailee of motor vehicles, motor boats or aircraft

§ 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.