ยง 91. Proceedings upon return of order to show cause; trial of issue.
At the time and place mentioned in the order to show cause, the master
or other person in charge of such vessel, the owner or consignee thereof
or any other person interested therein, may apply and contest the claim
of the lienor as contained in the application for a warrant, by filing
with the justice an affidavit controverting any material allegation
contained in the notice of lien or the application of the lienor. The
issue so raised shall be tried as are other issues in a court of record,
without a jury, before the justice granting the order at a time to be
fixed by him, or they may be referred by him to a referee, to be heard
and determined.
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.