92 - Order of Sale, When Made.

NY Lien L § 92 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

§ 92. Order of sale, when made. 1. An order may be made by the justice before whom the order to show cause was returnable, for the sale of the vessel, her tackle, apparel and furniture, in the following cases:

a. In case the master, owner, consignee or other person interested in the vessel does not appear upon the return day and contest the claim of the lienor, and proof is made of the service of the order to show cause and the application and of the publication of the notice and the service thereof, as required in this article and due proof is made of the validity and amount of such claim;

b. In case a trial is had of the issues raised, and it is determined that the lien is valid and the amount claimed by the lienor or some part thereof is due.

2. Such order shall direct the sheriff who seized the vessel to sell the same and her tackle, apparel and furniture, to satisfy the liens established on the hearing, and pay the costs and expenses necessarily incurred in the proceedings as prescribed in this article. The rights of secured parties whose security interests have been perfected by filing according to law, prior to the filing of the notice of lien, on account of which the order of sale is granted, shall not be affected by the sale of such vessel pursuant to such order.

Previous Section

91 - Proceedings Upon Return of Order to Show Cause; Trial of Issue.

Next Section

93 - Sale and Proceeds.