New York § 122 - 122Proceedings to enforce lien

§ 122. 122Proceedings to enforce lien

§ 122. Proceedings to enforce lien. After the service of such notice, an action to recover the amount of the debt and to enforce a lien therefor may be maintained by the lienor against the person with whom the agreement was made, for the purchase and erection of such monument, gravestone, inclosure or other structure or for the performance of labor thereon. If such lienor succeeds in establishing his lien, the judgment recovered may authorize him to remove such monument, gravestone, inclosure or other structure from the burial ground or cemetery and to sell the same at public auction to satisfy the amount of such judgment. Notice of the sale shall be published at least ten days before the time thereof, in a newspaper published in the town or city where such sale is to take place, and if no newspaper is published therein, in a newspaper nearest thereto. Such notice shall state the time and place of the sale, and shall describe the property to be sold. A copy of such notice shall be served personally or by mail at least ten days before such sale upon the persons served with the notice of lien as prescribed in the preceding section.