Statute · New York Lien Law
N.Y. Lien Law § 78 — Relief after judgment on obligation constituting trust claim
N.Y. Lien Law § 78
- Type
- Statute
- Source
- New York Lien Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 78. Relief after judgment on obligation constituting trust claim. If a trust beneficiary shall recover judgment against the trustee upon the obligation constituting the trust claim: (except in the enforcement of a lien as provided in articles two and three of this chapter)
Citator
N.Y. Lien Law § 78 — Relief after judgment on obligation constituting trust claim is in force in the current edition of the Code, and nothing recorded condemns it.
§ 78. Relief after judgment on obligation constituting trust claim. If a trust beneficiary shall recover judgment against the trustee upon the obligation constituting the trust claim: (except in the enforcement of a lien as provided in articles two and three of this chapter)
(a) execution upon the judgment shall not be levied upon any trust asset;
(b) to the extent of trust assets affected by proceedings to enforce the judgment, the proceedings shall be deemed to be for the benefit of all trust beneficiaries who would, at the time the proceeding is instituted, be entitled to maintain an action to enforce the trust, and the provisions of section seventy-seven of this chapter shall apply in any such proceedings.