N.Y. Lien Law § 76: Right of beneficiaries to examine books or records and make copies, or to receive statement

§ 76. Right of beneficiaries to examine books or records and make

copies, or to receive statement. 1. Any beneficiary of the trust holding

a trust claim shall be entitled, upon request, after the expiration of

thirty days from the date his trust claim became payable, and thereafter

not oftener than once in each month, (a) to examine the books or records

of the trustee with respect to the trust, and to make copies of any part

or parts thereof relating to the trust; or (b) at the beneficiary's

option to receive a verified statement setting forth the entries with

respect to the trust contained in such books or records.

2. Request for such examination and to make such copies, or for such

verified statement, shall be made in writing served personally or by

registered or certified mail. The request shall contain a statement of

the name and address of the beneficiary, a description of the

improvement of real property, or home improvement, or the public

improvement sufficient to identify it and to identify the trust, and a

statement of the nature of the trust claim sufficient to identify it,

the amount then due and unpaid, and the due date thereof.

3. Unless otherwise agreed, the examination and copying shall be had

within ten days after service of the request, at a place within the

county in which the improvement, or home improvement, or public

improvement is situated, designated by the trustee within such ten days,

and at a time during usual business hours, so designated by the trustee.

The examination and copying may be made by the beneficiary or by his

agent duly authorized in writing.

4. Within ten days after service of a request for a verified

statement, the trustee shall serve upon the beneficiary named in the

request a statement, subscribed by the trustee or an officer thereof and

verified on his own knowledge, setting forth the entries with respect to

the trust contained in the books or records kept by the trustee pursuant

to section seventy-five and the names and addresses of the person or

persons who, on behalf of or as officer, director or agent of the

trustee, made or consented to the making of the payments shown in such

statement.

5. A trustee to whom a request is made for examination of books or

records and for copying therefrom or for a verified statement of entries

in books or records may apply to any court having jurisdiction of an

action to enforce the trust, to vacate such request on the ground that

the person making the request is not entitled to such examination and

copying or to receive such verified statement. If a trustee on whom a

request for examination and copying or for a verified statement is

served as provided in this section shall refuse to comply therewith or

shall fail to comply therewith within ten days, or shall apply to the

court for an order to vacate the request, the beneficiary may apply to

such court for an order directing that the trustee comply with the

request. Such application may be made in either case on three days'

notice and may be determined summarily upon affidavits of the parties.

6. This section does not limit the power of the court in an action

pursuant to section seventy-seven of this chapter or in any other action

or proceeding affecting trust assets or involving trust claims or the

administration of the trust, to give directions with respect to

production or examination of any books or records of the trustee.