2006 New York Code - Special Provisions

 
  Section 7--308. Enforcement of Carrier's Lien.
    (1)  A carrier's lien may be enforced by public or private sale of the
  goods, in bloc or in parcels, at any time or  place  and  on  any  terms
  which  are commercially reasonable, after notifying all persons known to
  claim an interest  in  the  goods.  Such  notification  must  include  a
  statement  of  the  amount  due, the nature of the proposed sale and the
  time and place of any public sale. The fact that a  better  price  could
  have  been  obtained  by  a  sale  at a different time or in a different
  method from that selected by the carrier is not of itself sufficient  to
  establish  that  the  sale  was  not  made  in a commercially reasonable
  manner. If the carrier either sells the goods in the usual manner in any
  recognized market therefor or if he sells at the price current  in  such
  market at the time of his sale or if he has otherwise sold in conformity
  with  commercially  reasonable  practices  among  dealers in the type of
  goods sold he has sold in a commercially reasonable manner.  A  sale  of
  more   goods   than   apparently  necessary  to  be  offered  to  ensure
  satisfaction of the obligation is not commercially reasonable except  in
  cases covered by the preceding sentence.
    (2)  Before  any  sale  pursuant to this section any person claiming a
  right in the goods may pay the amount necessary to satisfy the lien  and
  the  reasonable  expenses incurred under this section. In that event the
  goods must not be sold, but must be retained by the carrier  subject  to
  the terms of the bill and this Article.
    (3) The carrier may buy at any public sale pursuant to this section.
    (4)  A  purchaser  in  good faith of goods sold to enforce a carrier's
  lien takes the goods free of any rights of persons against whom the lien
  was valid, despite noncompliance by the carrier with the requirements of
  this section.
    (5) The carrier may satisfy his lien from the  proceeds  of  any  sale
  pursuant to this section but must hold the balance, if any, for delivery
  on  demand to any person to whom he would have been bound to deliver the
  goods.
    (6) The rights provided by this section shall be in  addition  to  all
  other rights allowed by law to a creditor against his debtor.
    (7)  A  carrier's  lien  may  be  enforced  in  accordance with either
  subsection (1) or the procedure set forth in subsection (2)  of  Section
  7--210.
    (8) The carrier is liable for damages caused by failure to comply with
  the  requirements  for  sale  under  this section and in case of willful
  violation is liable for conversion.