2006 New York Code - Sale Procedure For Mold Lien Property

 
    §  154.  Sale procedure for mold lien property. 1. Before a molder may
  sell the die, mold, form or pattern the molder shall notify the customer
  and the holder of a perfected  security  interest  by  registered  mail,
  return  receipt  requested.  This  notice  shall  include  the following
  information:
    (a) The molder's intention to sell the  die,  mold,  form  or  pattern
  thirty days after the customer's receipt of the notice.
    (b) A description of the die, mold, form or pattern to be sold.
    (c) The time and place of the sale.
    (d) An itemized statement for the amount due.
    (e)  The  notice  shall  state  that if a customer disputes the amount
  claimed under the lien, the customer is entitled to bring  a  proceeding
  hereunder  within  ten  days  of  the  service  of the notice of sale to
  establish the amount of the lien. The proceeding may be brought  in  any
  court which would have jurisdiction to render a judgment for a sum equal
  to the amount of the lien.
    2.  If  there  is not a return of the receipt of the mailing or if the
  postal service returns the notice as being  nondeliverable,  the  molder
  shall  publish  notice  of the molder's intention to sell the die, mold,
  form or pattern in a newspaper of general circulation in the  customer's
  last  known place of business. The notice shall include a description of
  the die, mold, form or pattern.
    3. If the sale is for a sum greater than the amount of the  lien,  the
  excess  shall be paid to any other lienholder known to the molder at the
  time of the sale and any remainder to the customer,  if  the  customer's
  address is known, or the state treasurer for deposit in the general fund
  if  the  customer's  address is unknown to the molder at the time of the
  sale.
    4. A sale shall not be made under  this  section  if  it  would  be  a
  violation of any right of the customer under federal patent or copyright
  law.