N.Y. Lien Law § 201-a: Proceeding to determine validity of liens

§ 201-a. Proceeding to determine validity of liens. Within ten days

after service of the notice of sale, the owner or any person entitled to

notice pursuant to section two hundred one of this article may commence

a special proceeding to determine the validity of the lien. The special

proceeding may be brought in any court which would have jurisdiction to

render a judgment for a sum equal to the amount of the lien. If the

owner or any such person shall show that the lienor is not entitled to

claim a lien in the property, or that all or part of the amount claimed

by the lienor has not been properly charged to the account of such owner

or such person, or, as the case may be, that all or part of such amount

exceeds the fair and reasonable value of the services performed by the

lienor, the court shall direct the entry of judgment cancelling the lien

or reducing the amount claimed thereunder accordingly. If the lienor

shall establish the validity of the lien, in whole or in part, the

judgment shall fix the amount thereof, and shall provide that the sale

may proceed upon the expiration of five days after service of a copy of

the judgment together with notice of entry thereof upon the owner or

such person, unless the property is redeemed prior thereto pursuant to

section two hundred three of this article. If the lien is cancelled, the

judgment shall provide that, upon service of a copy of the judgment

together with notice of entry thereof upon the lienor, the owner or such

person shall be entitled to possession of the property.