N.Y. Lien Law 91 – Proceedings upon return of order to show cause; trial of issue
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§ 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.
Terms Used In N.Y. Lien Law 91
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Allegation: something that someone says happened.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.