New York § 187 - 187Liens of truckmen and draymen

§ 187. 187Liens of truckmen and draymen

§ 187. Liens of truckmen and draymen. 1. Every person, firm or corporation engaged in carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession as will insure to the said truckman or drayman, at the sale of such property in the manner hereinafter provided, a fair and reasonable compensation for the material and labor furnished, including any moneys advanced by such bailee for hire in connection with such work. Such truckman or drayman shall have such lien and may retain such property only as provided in paragraph two of this section. 2. If such amount remains unpaid for thirty days after demand, such bailee for hire may upon fifteen days' notice in writing to the owner, specifying the amount due and informing him that the payment of such amount within fifteen days will entitle him to redeem such property, and if such property is not redeemed, such bailee may sell such property at public sale to satisfy the account, including any expense for storage, insurance, or otherwise incurred for the protection or preservation of such property. The proceeds of the sale after paying the expenses thereof shall be applied in liquidation of the indebtedness secured by such lien, and the balance, if any, shall be paid over to the owner. Such notice shall be served by registered mail directed to the owner's last known postoffice address and by posting in three public places in the town, village or city where the property is located. Nothing herein contained shall preclude the remedy of enforcing such a lien by action as provided in article nine of this chapter.