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New York
New York Liens for Service to Horses
NOTE: New York has a veterinarian's lien and a breeder's lien.
It has no farrier's lien, but the veterinarian's lien covers
agisters, that is, boarding costs of stables, so would cover
at least part of the cost of farrier service to a horse left
temporarily in the possession of the farrier.
I. Veterinarian's Lien
CONSOLIDATED LAWS OF NEW YORK
AGRICULTURE AND MARKETS LAW
CHAPTER 69 OF THE CONSOLIDATED LAWS
ARTICLE 25-B--ABANDONED ANIMALS
§ 331. Abandonment of certain
animals
An animal is deemed to be abandoned when it is placed in the
custody of a veterinarian, veterinary hospital, boarding kennel
owner or operator, stable owner or operator, or any other
person for treatment, board, or care and:
1. Having been placed in such custody for a specified period
of time the animal is not removed at the end of such specified
period and a notice to remove the animal within ten days thereafter
has been given to the person who placed the animal in such
custody, by means of registered letter mailed to the last
known address of such person, or:
2. Having been placed in such custody for an unspecified period
of time the animal is not removed within twenty days after
notice to remove the animal has been given to the person who
placed the animal in such custody, by means of a registered
letter mailed to the last known address of such person.
3. The giving of notice as prescribed in this section shall
be deemed a waiver of any lien on the animal for the treatment,
board or care of the animal but shall not relieve the owner
of the animal removed of his contractual liability for such
treatment, board or care furnished.
II. Veterinarian's and Agister's Lien
LIEN LAW
CHAPTER 33 OF THE CONSOLIDATED LAWS
ARTICLE 8--OTHER LIENS ON PERSONAL
PROPERTY
§ 183. Lien of bailee of animals
Any veterinarian, duly licensed to practice under the laws
of this state, who in connection with such practice renders
professional services in the treatment of any dog, cat,
or other domestic animal or boards any such animal on his
premises, or a person keeping a livery stable, or boarding
stable for animals, or pasturing or boarding one or more
animals, or who in connection therewith keeps or stores
any wagon, truck, cart, carriage, vehicle or harness, has
a lien dependent upon the possession upon each dog, cat
or other animal kept, pastured or boarded by him, and upon
any wagon, truck, cart, carriage, vehicle or harness, of
any kind or description, stored or kept provided an express
or implied agreement is made with the owners thereof, whether
such owner be a mortgagor remaining in possession or otherwise,
for the sum due him for the professional service rendered,
care, keeping, boarding or pasturing of the animal, or for
the keeping or storing of any wagon, truck, cart, carriage,
vehicle and harness, under the agreement, and may detain
the dog, cat or other animal or wagon, truck, cart, carriage,
vehicle and harness accordingly, until such sum is paid.
III. Breeder's Lien
CHAPTER 33 OF THE CONSOLIDATED LAWS
ARTICLE 7--LIENS FOR SERVICE OF STALLIONS OR BULLS
§ 160. Lien on mare and foal, or on cow and calf
On complying with the provisions of this article, the owner
of a stallion or bull shall have a lien on each mare or
cow served together with the foal or calf of such mare or
cow from such service, for the amount agreed on at the time
of service, or if no agreement was made, for the amount
specified in the statement hereinafter required to be filed,
if within twenty months after such service he files a notice
of such lien with the proper officers and in the same manner
as is required to perfect a security interest under paragraph
(a) of subsection (1) of section 9-401 of the uniform commercial
code. Such notice of lien shall be in writing, specifying
the person against whom the claim is made, the amount of
the same and a description of the property upon which the
lien is claimed, and such lien shall terminate at the end
of eighteen months from the date of such filing, unless
within that time an action is commenced for the enforcement
thereof, as provided in sections two hundred and six to
two hundred and ten, both inclusive, of this chapter, for
the foreclosure of a lien on chattels.
UNIFORM COMMERCIAL CODE
CHAPTER 38 OF THE CONSOLIDATED LAWS
ARTICLE 9--SECURED TRANSACTIONS: SALES OF ACCOUNTS, CONTRACT
RIGHTS AND CHATTEL PAPER
PART 4. FILING
§ 9-401. Place of Filing; Erroneous Filing; Removal
of Collateral
(1) The proper place to file in order to perfect a security
interest is as follows:
(a) when the collateral is equipment used in farming operations,
or farm products, or accounts or general intangibles arising
from or relating to the sale of farm products by a farmer,
or consumer goods, then in the office of the filing officer
in the county of the debtor's residence if the debtor is
a resident of this state, and, in addition to any other
filing when the collateral is crops, in the office of the
filing officer in the county where the land on which the
crops are growing or to be grown is located;
[(b) through (d) omitted.]
(2) A filing which is made in good faith in an improper
place or not in all of the places required by this section
is nevertheless effective with regard to any collateral
as to which the filing complied with the requirements of
this Article and is also effective with regard to collateral
covered by the financing statement against any person who
has knowledge of the contents of such financing statement.
(3) A filing which is made in the proper place in this state
continues effective even though the debtor's residence or
place of business or the location of the collateral or its
use, whichever controlled the original filing, is thereafter
changed.
(4) The rules stated in Section 9-103 determine whether
filing is necessary in this state.
(5) Notwithstanding the preceding subsections, and subject
to subsection (3) of Section 9-302, the proper place to
file in order to perfect a security interest in collateral,
including fixtures, of a transmitting utility is the department
of state. This filing constitutes a fixture filing (Section
9-313) as to the collateral described therein which is or
is to become fixtures.
(6) Except as otherwise provided in paragraph (d) of subsection
(1), for the purposes of this section the residence of an
organization is its place of business if it has one or its
chief executive office if it has more than one place of
business.
(7) In this Part, the term "filing officer" or
"recording officer" means the county clerk of
the county, except in the counties of Bronx, Kings, New
York and Queens where it means the city register in the
county; and the term "filing officer" includes
the secretary of state where a filing is made in the department
of state.
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