ยง 38. Itemized statement may be required of lienor. A lienor who has
filed a notice of lien shall, on demand in writing, deliver to the owner
or contractor making such demand a statement in writing which shall set
forth the items of labor and/or material and the value thereof which
make up the amount for which he claims a lien, and which shall also set
forth the terms of the contract under which such items were furnished.
The statement shall be verified by the lienor or his agent in the form
required for the verification of notices in section nine of this
chapter. If the lienor shall fail to comply with such a demand within
five days after the same shall have been made by the owner or
contractor, or if the lienor delivers an insufficient statement, the
person aggrieved may petition the supreme court of this state or any
justice thereof, or the county court of the county where the premises
are situated, or the county judge of such county for an order directing
the lienor within a time specified in the order to deliver to the
petitioner the statement required by this section. Two days' notice in
writing of such application shall be served upon the lienor. Such
service shall be made in the manner provided by law for the personal
service of a summons. The court or a justice or judge thereof shall hear
the parties and upon being satisfied that the lienor has failed,
neglected or refused to comply with the requirements of this section
shall have an appropriate order directing such compliance. In case the
lienor fails to comply with the order so made within the time specified,
then upon five days' notice to the lienor, served in the manner provided
by law for the personal service of a summons, the court or a justice or
judge thereof may make an order cancelling the lien.
Structure New York Laws
3 - Mechanic's Lien on Real Property.
4-A - Insurance Proceeds Liable for Demands.
5 - Liens Under Contracts for Public Improvements.
6 - Liens for Labor on Railroads.
7 - Liability for Advance Payments, Collusive Mortgages and Incumbrances.
8 - Terms of Contract May Be Demanded.
9 - Contents of Notice of Lien.
10 - Filing of Notice of Lien.
11 - Service of Copy of Notice of Lien.
11-A - Notice of Completion and Acceptance May Be Demanded.
11-B - Copy of Notice of Lien to a Contractor or Subcontractor.
12 - Notice of Lien on Account of Public Improvements.
15 - Assignments of Contracts and Orders to Be Filed.
16 - Assignment of Contracts and Orders for Public Improvement to Be Filed.
18 - Duration of Lien Under Contract for a Public Improvement.
19 - Discharge of Lien for Private Improvement.
20 - Discharge of Lien After Notice of Lien Filed by Payment of Money Into Court.
21 - Discharge of Lien for Public Improvement.
21-A - Vacating Lien for a Public Improvement, by Order of Court.
24 - Enforcement of Mechanic's Lien.
25 - Priority of Liens and Assignments Under Contracts for Public Improvements.
26 - Subordination of Liens After Agreement With Owner.
28 - Lien of Certain Judgments Postponed.
29 - Subordination of Liens to Subsequent Mortgage.
30 - Subordination of Notices of Lis Pendens.
31 - Discharge of Liens on Sale of Real Property.
32 - Certain Liens and Claims Not to Be Affected.
33 - Certain Sections Not to Apply to Laborers' Liens.
35 - Waiver of Arbitration; Arbitrators' Award Conclusive.
37 - Bond to Discharge All Liens.
38 - Itemized Statement May Be Required of Lienor.
39 - Lien Wilfully Exaggerated Is Void.
39-A - Liability of Lienor Where Lien Has Been Declared Void on Account of Wilful Exaggeration.