Section 201-A. Proceeding to determine validity of liens  


Latest version.
  • 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.