New York Consolidated Laws
N.Y. Lien Law § 76 (2026)
Right of beneficiaries to examine books or records and make copies, or to receive statement
✓ current as of May 2026
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§ 76. Right of beneficiaries to examine books or records and make copies, or to receive statement. 1. Any beneficiary of the trust holding a trust claim shall be entitled, upon request, after the expiration of thirty days from the date his trust claim became payable, and thereafter not oftener than once in each month, (a) to examine the books or records of the trustee with respect to the trust, and to make copies of any part or parts thereof relating to the trust; or (b) at the beneficiary's option to receive a verified statement setting forth the entries with respect to the trust contained in such books or records. 2. Request for such examination and to make such copies, or for such verified statement, shall be made in writing served personally or by registered or certified mail. The request shall contain a statement of the name and address of the beneficiary, a description of the improvement of real property, or home improvement, or the public improvement sufficient to identify it and to identify the trust, and a statement of the nature of the trust claim sufficient to identify it, the amount then due and unpaid, and the due date thereof. 3. Unless otherwise agreed, the examination and copying shall be had within ten days after service of the request, at a place within the county in which the improvement, or home improvement, or public improvement is situated, designated by the trustee within such ten days, and at a time during usual business hours, so designated by the trustee. The examination and copying may be made by the beneficiary or by his agent duly authorized in writing. 4. Within ten days after service of a request for a verified statement, the trustee shall serve upon the beneficiary named in the request a statement, subscribed by the trustee or an officer thereof and verified on his own knowledge, setting forth the entries with respect to the trust contained in the books or records kept by the trustee pursuant to section seventy-five and the names and addresses of the person or persons who, on behalf of or as officer, director or agent of the trustee, made or consented to the making of the payments shown in such statement. 5. A trustee to whom a request is made for examination of books or records and for copying therefrom or for a verified statement of entries in books or records may apply to any court having jurisdiction of an action to enforce the trust, to vacate such request on the ground that the person making the request is not entitled to such examination and copying or to receive such verified statement. If a trustee on whom a request for examination and copying or for a verified statement is served as provided in this section shall refuse to comply therewith or shall fail to comply therewith within ten days, or shall apply to the court for an order to vacate the request, the beneficiary may apply to such court for an order directing that the trustee comply with the request. Such application may be made in either case on three days' notice and may be determined summarily upon affidavits of the parties. 6. This section does not limit the power of the court in an action pursuant to section seventy-seven of this chapter or in any other action or proceeding affecting trust assets or involving trust claims or the administration of the trust, to give directions with respect to production or examination of any books or records of the trustee.
Notes of Decisions
Cited in 29
cases (5 in the last 5 years), 1985–2025 · leading case: Abjen Props., L.P. v. Crystal Run Sand & Gravel, Inc., 168 A.D.2d 783 (N.Y. App. Div. 1990).
Abjen Props., L.P. v. Crystal Run Sand & Gravel, Inc., 168 A.D.2d 783 (N.Y. App. Div. 1990). “), entered October 18, 1989 in Orange County, which, inter alia, denied petitioner’s application pursuant to Lien Law § 76 to vacate respondent’s demand for a verified statement of petitioner’s books and records.”
City of Albany Indus. Dev. Agency v. DeGraff-Moffly/Gen. Contractors, Inc., 164 A.D.2d 20 (N.Y. App. Div. 1990). “31 to be due for improvements to the third, fourth and fifth floors of the Three City Square property and thereafter served demands pursuant to Lien Law § 76 on Ronald Krolick and West Eagle Company to examine their books in connection with that project.”
Negvesky v. United Interior Resources, Inc., 32 A.D.3d 530 (N.Y. App. Div. 2006). “), dated April 19, 2005, as granted that branch of the plaintiffs’ motion which was to vacate a demand for a verified statement pursuant to Lien Law § 76 (5) relating to the installation of certain modular workstations, and (2) so much of an order of the same court dated August…”
Bette & Cring, LLC v. Brandle Meadows, LLC, 81 A.D.3d 1152 (N.Y. App. Div. 2011). “Thereafter, petitioner served respondent with a demand for a verified statement setting forth entries contained in respondent’s books and records with respect to the trust, established by law for the project (see Lien Law § 70 [1]), pursuant to Lien Law § 76. Respondent provided…”
New Rochelle Contracting Corp. v. Am. Steel Erectors, Inc., 304 A.D.2d 581 (N.Y. App. Div. 2003). “), dated April 24, 2002, as denied those branches of its motion which were, in effect, to direct the petitioners to comply with its demand for a verified statement pursuant to Lien Law § 76 (5). Ordered that the order is affirmed insofar as appealed from, with costs.”
Burns Elec. Co. v. Walton Street Assocs., 136 A.D.2d 291 (N.Y. App. Div. 1988). “This appeal presents the novel issue of whether a contractor engaged by a developer may bring a proceeding against the developer, who is a vendee in possession of property owned by a public agency, to inspect the books and records of the developer in accordance with Lien Law §…”
Innovative Drywall, Inc. v. Crown Plastering Corp., 224 A.D.2d 664 (N.Y. App. Div. 1996). “Lien Law § 76 (1) permits "[a]ny beneficiary of the trust holding a trust claim” to examine the trustee’s books or receive a verified statement concerning the trustee’s books.”
Int'l Ass'n of Heat & Frost Insulators & Asbestos Workers Local No. 26 v. Hebert Indus. Insulation, Inc., 234 A.D.2d 930 (N.Y. App. Div. 1996). “As beneficiaries of the trusts, petitioners are entitled to examine the books or records of the trustee once a month (see, Lien Law § 76 [1] [a], [b]; [5]). We reject the contention that an examination pursuant to Lien Law § 76 is the equivalent of discovery and inspection under…”
Mike Bldg. & Contracting, Inc. v. Just Homes, LLC, 27 Misc. 3d 833 (N.Y. Sup. Ct. 2010). “Plaintiff further argues that defendants’ failure to maintain books and records of trust assets received as required by Lien Law § 75, and the consequent failure of defendants’ verified statements to comply with Lien Law § 76 (4), supports a finding that defendants diverted…”
Matter of Able Rigging Contrs., Inc. v. Gemini Mach. Works, Inc., 2021 NY Slip Op 07495 (N.Y. App. Div. 2021). “), entered August 6, 2020 and January 22, 2021, which denied the petition to vacate respondent's demand for a verified statement pursuant to Lien Law § 76(1) and directed petitioner to produce the verified statement, unanimously reversed, on the law, without costs, and the…”
Am. Architectural, Inc. v. Marino, 34 Misc. 3d 194 (N.Y. Sup. Ct. 2011). “On or about February 19, 2010, AAI, as a trust beneficiary, served AMCC with a demand for verified statement of entries via certified mail, return receipt requested, pursuant to Lien Law § 76, which required AMCC to provide the trust account entries kept as required under Lien…”
In re Wade Lupe Constr. Co., 134 Misc. 2d 738 (N.Y. Sup. Ct. 1987). “(Wade Lupe) moves to vacate the request of Zaleski Snow Guards (Zaleski) for a verified statement pursuant to Lien Law § 76. The relevant entities involved in the subject public improvement contract for construction of the Schoharie County Office Building and their respective…”
— N.Y. Lien Law § 76(1) — 2 cases
Matter of Able Rigging Contrs., Inc. v. Gemini Mach. Works, Inc., 2021 NY Slip Op 07495 (N.Y. App. Div. 2021). “), entered August 6, 2020 and January 22, 2021, which denied the petition to vacate respondent's demand for a verified statement pursuant to Lien Law § 76(1) and directed petitioner to produce the verified statement, unanimously reversed, on the law, without costs, and the…”
HyAxiom, Inc. v. ClearCell Power, Inc., 2025 NY Slip Op 32088(U) (N.Y. Sup. Ct., New York Cty. 2025).
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