New York Banking Code § 335

Special remedies where rental of safe deposit box is not paid or when safe deposit box is not vacated on termination of lease
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§ 335. Special remedies where rental of safe deposit box is not paid\nor when safe deposit box is not vacated on termination of lease. Every\nlessor shall be entitled to the following special remedies:\n  1. (a) If the amount due for the rental of any safe deposit box let by\nany lessor shall not have been paid for one year, or if the lessee\nthereof shall not have removed the contents thereof within thirty days\nfrom the termination of the lease therefor for any reason other than for\nnon-payment of rent, the lessor may, at the expiration of such period,\nsend to the lessee of such safe deposit box by registered or certified\nmail, return receipt requested, a notice in writing in a securely closed\npostpaid letter, directed to such person at his last known post-office\naddress, as recorded upon the books of the lessor, notifying such lessee\nthat if the amount due for the rental of such safe deposit box is not\npaid within thirty days from date, and/or if the contents thereof are\nnot removed within thirty days from date, the lessor may, at any time\nthereafter, cause such safe deposit box to be opened, and the contents\nthereof to be inventoried and removed from such safe deposit box.\n  (b) At any time after the expiration of thirty days from the date of\nmailing such notice, and the failure of the lessee of the safe deposit\nbox to pay the amount due for the rental thereof to the date of payment,\nand/or remove the contents thereof, the lessor may, in the presence of a\nnotary public and of any officer of the lessor or any other employee of\nthe lessor designated for such purpose by the lessor, cause such safe\ndeposit box to be opened, and the contents thereof, if any, to be\nremoved and inventoried. Such contents shall be retained by the lessor\nfor safe-keeping for a period of not less than two years unless sooner\nremoved by the lessee of the safe deposit box so opened. The charge for\nsuch safe-keeping shall not exceed the original rental of the safe\ndeposit box so opened. The notary public shall file with the lessor a\ncertificate under seal, which shall fully set out the date of the\nopening of such safe deposit box, the name of the lessee of such safe\ndeposit box and a list of the contents, if any.\n  (c) A copy of such certificate shall within ten days after the opening\nbe mailed by registered or certified mail, return receipt requested, to\nthe lessee of the safe deposit box so opened, at his last known\npost-office address, in a securely closed postpaid letter, together with\na notice that the contents will be kept, at the expense of the lessee,\nby the lessor for a period of not less than two years. Upon the payment\nof all rentals due at the time of the opening of the safe deposit box,\nthe cost of the opening thereof, the fees of the notary public for\nissuing his certificate thereon, and the payment of all further charges\nand costs of safe-keeping such contents for the period since the opening\nof the safe deposit box, the lessee may require the delivery of such of\nthe contents set out in such certificate as have not been sold pursuant\nto paragraph (d) of this subdivision or destroyed pursuant to paragraph\n(f) of this subdivision, or become abandoned property.\n  (d) At any time after the expiration of two years from the time of\nmailing the certificate herein provided for, the lessor may mail by\nregistered or certified mail, return receipt requested, in a securely\nclosed postpaid letter, addressed to the lessee at his last known\npost-office address, a notice stating that the lessor will sell all the\nproperty or articles of apparent value set out in such certificate, at a\ntime and place stated in such notice, not less than thirty days after\nthe time of mailing such notice and stating the amount which shall have\nthen been due for rental up to the time of opening such safe deposit\nbox, the cost of the opening thereof, the fees of the notary public for\nissuing his certificate thereon and the fur

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