GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Lien Law § 38: Itemized statement may be required of lienor

Read at publisher ↗
Where this section sits in the code
  1. Lien Law
  2. Article 2. Mechanics' Liens

§ 38. Itemized statement may be required of lienor. A lienor who has

filed a notice of lien shall, on demand in writing, deliver to the owner

or contractor making such demand a statement in writing which shall set

forth the items of labor and/or material and the value thereof which

make up the amount for which he claims a lien, and which shall also set

forth the terms of the contract under which such items were furnished.

The statement shall be verified by the lienor or his agent in the form

required for the verification of notices in section nine of this

chapter. If the lienor shall fail to comply with such a demand within

five days after the same shall have been made by the owner or

contractor, or if the lienor delivers an insufficient statement, the

person aggrieved may petition the supreme court of this state or any

justice thereof, or the county court of the county where the premises

are situated, or the county judge of such county for an order directing

the lienor within a time specified in the order to deliver to the

petitioner the statement required by this section. Two days' notice in

writing of such application shall be served upon the lienor. Such

service shall be made in the manner provided by law for the personal

service of a summons. The court or a justice or judge thereof shall hear

the parties and upon being satisfied that the lienor has failed,

neglected or refused to comply with the requirements of this section

shall have an appropriate order directing such compliance. In case the

lienor fails to comply with the order so made within the time specified,

then upon five days' notice to the lienor, served in the manner provided

by law for the personal service of a summons, the court or a justice or

judge thereof may make an order cancelling the lien.

Collected 2026-09-14T19:32:45Z. Source file · JSON

Browse this collection