ยง 104. Action on undertaking. The undertaking may be prosecuted by
action in any court having jurisdiction thereof, at any time within
three months after its delivery, but not afterward. If, in such action
it is found that any sum is due the plaintiff which was a subsisting
lien upon the vessel at the time the notice of lien was filed, the
plaintiff shall have judgment for the recovery of the same with the
costs and disbursements of the action and the costs of the proceedings
for the seizing of the vessel and shall have execution therefor. If it
is found in such action that no such lien existed, judgment shall be
rendered against the plaintiff for the costs and disbursements of the
action and the costs of the proceedings, including the amount paid the
sheriff in the discharge of the vessel from the warrant.
Structure New York Laws
Article 4 - Liens on Vessels and Enforcement Thereof
81 - Lien on Vessel Causing Damage.
82 - Notice of Lien, When to Be Filed.
87 - Undertaking to Accompany Application.
88 - Warrant; Execution Thereof.
89 - Order to Show Cause; Contents; Service.
90 - Notice of Issuance of Warrant to Be Published and Served.
91 - Proceedings Upon Return of Order to Show Cause; Trial of Issue.
92 - Order of Sale, When Made.
94 - Notice of the Distribution of the Proceeds of Sale.
95 - Liens for Which No Warrants Are Issued.
97 - Trial of Issues and Appeal.
98 - Distribution of Proceeds.
99 - Payment of Uncontested Claims.
100 - Distribution of Surplus.
101 - Application for a Discharge of Warrant.
102 - Undertaking to Accompany Application for Discharge.