2023 New York Laws › LIE - Lien › Article 8 - Other Liens on Personal Property › 184 - Lien of Bailee of Motor Vehicles, Motor Boats or Aircraft.

§ 184. Lien of bailee of motor vehicles, motor boats or aircraft. 1. A
  person  keeping  a garage, hangar or place for the storage, maintenance,
  keeping or repair of motor  vehicles  as  defined  by  the  vehicle  and
  traffic  law,  or  of  motor  boats  as  defined by article seven of the
  navigation law, or of aircraft as defined by  article  fourteen  of  the
  general  business  law,  and  who  in connection therewith tows, stores,
  maintains, keeps or repairs any motor vehicle, motor boat,  or  aircraft
  or  furnishes gasoline or other supplies therefor at the request or with
  the consent of the owner or, subject to the  provisions  of  subdivision
  two of this section, tows and stores any motor vehicle at the request of
  a  law  enforcement  officer  authorized  to  remove such motor vehicle,
  whether or not such motor vehicle, motor boat or aircraft is subject  to
  a  security  interest, has a lien upon such motor vehicle, motor boat or
  aircraft for the sum due for such towing, storing, maintaining,  keeping
  or  repairing  of  such  motor  vehicle,  motor  boat or aircraft or for
  furnishing gasoline or other supplies therefor and may detain such motor
  vehicle, motor boat or aircraft at any time it may be  lawfully  in  his
  possession until such sum is paid, except that if the lienor, subsequent
  to  thirty days from the accrual of such lien, allows the motor vehicle,
  motor boat or aircraft out of his actual possession  the  lien  provided
  for  in this section shall thereupon become void as against all security
  interests, whether or not perfected, in such motor vehicles, motor  boat
  or   aircraft   and   executed  prior  to  the  accrual  of  such  lien,
  notwithstanding possession of such motor vehicle, motor boat or aircraft
  is thereafter acquired by such lienor.
However, if the bailee of a motor vehicle, motor boat or aircraft  has
  furnished   a   written   estimate  of  the  cost  of  towing,  storage,
  maintenance, repair or any other service on such  motor  vehicle,  motor
  boat  or  aircraft,  any lien sought by such bailee for such service may
  not be in an amount in excess of the written estimate.
2. A person who tows and stores a motor vehicle at the  request  of  a
  law enforcement officer authorized to remove such motor vehicle shall be
  entitled  to a lien for the reasonable costs of such towing and storage,
  provided that such person, within five working  days  from  the  initial
  towing,  mails  to the owner of said motor vehicle a notice by certified
  mail return receipt requested that contains the name of the  person  who
  towed  and  is  storing  said  motor  vehicle,  the amount that is being
  claimed for such towing and storage, and the address and times at  which
  said  motor  vehicle  may  be recovered. Such notice shall further state
  that the person mailing said notice claims a lien on said motor  vehicle
  and  that  said  motor vehicle shall be released to the owner thereof or
  his or her lawfully designated representative upon full payment  of  all
  charges  accrued  to  the  date  that  said motor vehicle is released. A
  person who mails the foregoing notice within said five day period  shall
  be  entitled  to  a  lien for storage from and after the date of initial
  towing, but a person who fails to mail such notice within said five  day
  period  shall  only be entitled to a lien for storage from and after the
  date that the notice was mailed. A failure to  mail  such  notice  in  a
  timely fashion shall not affect a lien for towing.
3. The provisions of this section shall not apply to a person who tows
  and  stores  a motor vehicle at the request of a law enforcement officer
  where such request is made pursuant to the provisions of a local law  or
  ordinance  regulating  the towing and safekeeping of stolen or abandoned
  vehicles within such locality and which requires such motor  vehicle  to
  be turned over to the locality after a specified period of time.
4.  The  lien  provided  herein  shall not inure to the benefit of any
  person required to be registered as a motor vehicle repair shop pursuant

  to article twelve-A of the  vehicle  and  traffic  law  who  is  not  so
  registered.
5.  A  person  who tows and stores a motor vehicle at the request of a
  law enforcement officer authorized to remove such motor vehicle, and who
  seeks to assert a lien for the storage of such motor vehicle pursuant to
  subdivision two of this section shall mail  by  certified  mail,  return
  receipt requested, a notice pursuant to this subdivision to every person
  who  has  perfected  a security interest in such motor vehicle or who is
  listed as a lienholder upon the  certificate  of  title  of  such  motor
  vehicle  pursuant  to  the vehicle and traffic law within twenty days of
  the first day of storage. Such notice shall  include  the  name  of  the
  person  providing storage of the motor vehicle, the amount being claimed
  for such storage, and address and times at which the motor  vehicle  may
  be recovered. The notice shall also state that the person providing such
  notice  claims  a  lien on the motor vehicle and that such motor vehicle
  shall be released upon full payment of all storage  charges  accrued  on
  the  date the motor vehicle is released.  A person who mails such notice
  within such twenty day period shall be entitled to a  lien  for  storage
  from  and  after  the first date of storage.  A person who fails to mail
  such notice within such twenty day period shall only be  entitled  to  a
  lien  for  the  amount  payable  for storage from and after the date the
  notice was mailed. A failure to mail such notice  in  a  timely  fashion
  shall not affect a lien for towing.