In re Ba Bas Barge, Inc.

Leon D. La_zer, J.

The owner moves to vacate a lien filed against the barge Ira pursuant to section 80 of article 4 of the Lien Law, for work, labor, services and materials furnished. The motion is predicated on the theory that the Federal Ship Mortgage Act (IT. S. Code, tit. 46, § 971 et seq.), hereinafter cabled the “ Act ”, supersedes the Mew York State Lien Law and therefore the lien is void. The motion is opposed on the ground that the Act applies only to maritime liens. It is asserted that the instant lien is not maritime because the barge was not a “vessel” at the time of the…