2006 New York Code - Offer To Pay Money Into Court, Or To Deposit Securities, In Discharge Of The Lien.

 
    §  55.  Offer  to  pay  money into court, or to deposit securities, in
  discharge of the lien. At any time after an action is brought under  the
  provision  of  this  article, the owner may make and file with the clerk
  with whom the notice of lien is filed, if in a court of record,  and  if
  in a court not of record, with the court, an offer to pay into court the
  sum  of money stated therein, or to execute and deposit securities which
  he may describe, in discharge of the lien, and serve upon the  plaintiff
  a copy of such offer. If a written acceptance of the offer is filed with
  such  clerk,  or court, within ten days after its service, and a copy of
  the acceptance is served upon the party making  the  offer,  the  court,
  upon  proof  of  such  offer  and acceptance, may make an order, that on
  depositing with such clerk,  or  court,  the  sum  so  offered,  or  the
  securities  described,  the lien shall be discharged, and that the money
  or securities deposited shall take the place of the property upon  which
  the  lien  existed, and shall be subject to the lien. If the offer is of
  money only, the court, on application and notice to  the  plaintiff  may
  make  such  order, without the acceptance of the offer by the plaintiff.
  If such action is brought in a court not of record, such  order  may  be
  made by the county court of the county where such action is brought upon
  notice,  and  upon filing such order and depositing such sum of money or
  securities with the county clerk of  such  county,  he  shall  forthwith
  discharge  said notice of lien, by writing upon the margin of the record
  thereof,  the  words  "discharged  by  payment."  Money  or   securities
  deposited upon the acceptance of an offer pursuant to this section shall
  be  held  by the clerk or the court until the final determination of the
  action, including an appeal.