N.Y. Lien Law Section 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 § 9 (Contents of notice of lien)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.

Source: Section 38 — Itemized statement may be required of lienor, https://www.­nysenate.­gov/legislation/laws/LIE/38 (updated Sep. 22, 2014; accessed Mar. 2, 2024).

3
Mechanic’s lien on real property
4
Extent of lien
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
11–C
Copy of notice of lien to a contractor or subcontractor with respect to public improvements liens
12
Notice of lien on account of public improvements
12–A
Amendment
13
Priority of liens
14
Assignment of lien
15
Assignments of contracts and orders to be filed
16
Assignment of contracts and orders for public improvement to be filed
17
Duration of lien
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
22
Building loan contract
23
Construction of article
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
34
Waiver of lien
35
Waiver of arbitration
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
39–C
Repossession of materials not used

Accessed:
Mar. 2, 2024

Last modified:
Sep. 22, 2014

§ 38’s source at nysenate​.gov

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