Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the pedigree of the stallion or bull. See NY Lien Law § 163 (emphasis added).
The statute requires that a written Notice of Lien be properly filed pursuant to the procedures set forth in NY Uniform Commercial Code Section 9-501(a). See also Tuttle v. Dennis, 11 N.Y.S.600 (1890) (stating that a lien for the service of a stallion attaches against the mare and her foal at the time of the service so long as the Notice of Lien is properly filed).
The Notice of Lien must include the following information:
- specify the person or legal entity that the claim is made against,
- the amount of the claim, and
- description of the property (e.g., mare/cowand foal/calf) upon which the lien is claimed.
Once filed, this lien will terminate in 1.5 years (18 months) unless foreclosure procedures were commenced during this period pursuant to Sections 206 thru 210 of NY Lien Law. The lien is not given any express statutory priority over other liens.
This is an excerpt from my first book that I co-authored with Pat Dillon, an Iowa agriculture lawyer titled “Field Manual: Legal Guide for New York Farmers and Food Entrepreneurs” available on CreateSpace, Amazon, Kindle and iBooks. You can find out more about this book here.
"This blog is for informational purposes only and is not intended to create an attorney-client relationship. It is recommended that you speak to an attorney licensed in your jurisdiction before relying on the information in this blog."