SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF _______________
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dex No. __________
Index
___________
In the Matter of the Application of
_________________________ for an
________,
order directing _________________________,
Lienor, to deliver the itemized
aterial and
statement of labor and material
ontract required
the terms of the contract
8.
w, Section 38.
by Lien Law,
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VERIFIED PETITION
ORDE
FOR ORDER
REQUIRING
ITEM
ITEMIZED
STATEM
STATEMENT
The verified petition of _______
_________________________,
________________ respectful
____________________,
_________________________,
respectfully shows:
by
its
attorneys,
_
etitioner __________
1. Petitioner
_________________________
is a domestic corporation with its principal
usiness at [Add
place of business
[Address].
2. _________________________, as general contractor, has a construction contract with
_________________________, which, upon information and belief, is the owner in fee of the
______ Street,
following described property: Block _____, Lot _____, a/k/a ____________________
_______________, New York.
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________________________
3. Upon information and belief, on or about [date], _________________________,
ss], filed a Notice of
ness at [Address],
domestic corporation with its principal place of business
unty Clerk, in the amount oof
_______ County
Mechanic’s Lien in the office of the _______________
$__________ against the aforesaid property.
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ed a demand on said lienor pursuant
pursuan to Section 38
4. On [date], petitioner causedd to be served
demanding
manding that it furnish a statement, in writing,
te of New York, de
of the Lien Law of the State
fter receipt of said demand, which shall set forth the items oof labor and the
within five (5) days after
nd the items of material and the
the value thereof, which make
ma up the amount for
value thereof, and
en was claimed, and which shall also
als set
et forth the terms of the contract under which
which the lien
requir for the verification
re furnished, verified in the form required
ver
items were
of notices of mechanics’
py of said demand so served is
i attached hereto
opy
h
liens. A copy
as Exhibit ___. The affidavit of
service of thee demand is also attached as Exhibit ____.
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faile and refused
nor has failed
refuse to comply with the said demand, in that it has failed to
5. Said lienor
ment whatsoever in response to said demand although more than five (5) days
serve any statement
servi
have passed since its service.
6. No previous application has been made for the relief prayed for herein.
WHEREFORE, your petitioner prays for an order directing the lienor to furnish an itemized
statement in compliance with petitioner’s demand pursuant to Lien Law § 38 within five (5) days
after entry of said order or that the lien be cancelled pursuant to Lien Law § 38;
38 and granting
petitioner the costs and disbursements of this petition.
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Dated: _______________, New York
_______________, ____
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[Add
d verification]
_____________________
___________________________
s/ _______________________
Nam
[Signing Attorney’s Name]
[NAME OF LAW FIRM]
Attorney for Petitioner
Attorneys
Petitioner]
[Name of Petition
[Add
[Address]
[Telephone No.]
[Tele
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