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New York Consolidated Laws, Lien Law - LIE § 209. Action in inferior court

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Where the action is brought in a court, other than one of those specified in section two hundred and seven,  1 if the plaintiff is not in possession of the chattel, a warrant, commanding the proper officer to seize the chattel, and safely keep it to abide the judgment, may be issued, in like manner as a warrant of attachment may be issued in an action founded upon a contract, brought in the same court;  and the provisions of law, applicable to a warrant of attachment, issued out of that court, apply to a warrant, issued as prescribed in this section, and to the proceedings to procure it, and after it has been issued;  except as otherwise specified in the judgment.  A judgment in favor of the plaintiff, in such an action, must correspond to a judgment, rendered as prescribed in the last section, except that it must direct the sale of the chattel by an officer to whom an execution, issued out of the court, may be directed;  and the payment of the surplus, if its safekeeping is necessary, to the county treasurer, for the benefit of the owner.

1  Reference is probably to courts specified in former Lien Law § 207, repealed by L.1964, c. 960, § 1.

Cite this article: - New York Consolidated Laws, Lien Law - LIE § 209. Action in inferior court - last updated January 01, 2021 |

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