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0 chapters · 175 sections in this title.
N.Y. Lien Law § 33 Certain sections not to apply to laborers' liens
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§ 33. Certain sections not to apply to laborers' liens. None of the provisions contained in sections twenty-six, twenty-eight, twenty-nine and thirty-one of this article shall apply to liens of laborers for daily or weekly wages.
N.Y. Lien Law § 34 Waiver of lien
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§ 34. Waiver of lien. Notwithstanding the provisions of any other law, any contract, agreement or understanding whereby the right to file or enforce any lien created under article two is waived, shall be void as against public policy and wholly unenforceable. This section shall …
N.Y. Lien Law § 35 Waiver of arbitration; arbitrators' award conclusive
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§ 35. Waiver of arbitration; arbitrators' award conclusive. The filing of a notice of lien shall not be a waiver of any right of arbitration of a contractor, subcontractor, material man or laborer secured to him by his contract to furnish labor or materials. In case the arbitrat…
N.Y. Lien Law § 37 Bond to discharge all liens
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§ 37. Bond to discharge all liens. (1) The owner or contractor between whom a contract exists for the improvement of real property may, either before or after the commencement of the improvement, execute as a principal, a bond to the county clerk of the county where the premises…
N.Y. Lien Law § 38 Itemized statement may be required of lienor
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§ 38. Itemized statement may be required of lienor. A lienor who has filed a notice of lien shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof wh…
N.Y. Lien Law § 39 Lien wilfully exaggerated is void
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§ 39. Lien wilfully exaggerated is void. In any action or proceeding to enforce a mechanic's lien upon a private or public improvement or in which the validity of the lien is an issue, if the court shall find that a lienor has wilfully exaggerated the amount for which he claims …
N.Y. Lien Law § 39-A Liability of lienor where lien has been declared void on account of wilful exaggeration
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§ 39-a. Liability of lienor where lien has been declared void on account of wilful exaggeration. Where in any action or proceeding to enforce a mechanic's lien upon a private or public improvement the court shall have declared said lien to be void on account of wilful exaggerati…
N.Y. Lien Law § 39-C Repossession of materials not used
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§ 39-c. Repossession of materials not used. If for any reason after the work of a private or a public improvement of real property is abandoned by an owner, a contractor or a subcontractor before the completion thereof by such owner, contractor or subcontractor, or if, after the…
N.Y. Lien Law § 4 Extent of lien
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§ 4. Extent of lien. (1) Such lien shall extend to the owner's right, title or interest in the real property and improvements, existing at the time of filing the notice of lien, or thereafter acquired, except as hereinafter in this article provided. If an owner assigns his inter…
N.Y. Lien Law § 4-A Insurance proceeds liable for demands
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§ 4-a. Insurance proceeds liable for demands. Owner, contractor or subcontractor diverting proceeds, guilty of larceny. The proceeds of any insurance which by the terms of the policy are payable to the owner of real property improved, and actually received or to be received by h…
N.Y. Lien Law § 40 Construction of article
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§ 40. Construction of article. This article is to be construed in connection with article two of this chapter, and provides proceedings for the enforcement of liens for labor performed and materials furnished in the improvement of real property, created by virtue of such article…
N.Y. Lien Law § 41 Enforcement of mechanic's lien on real property
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§ 41. Enforcement of mechanic's lien on real property. A mechanic's lien on real property may be enforced against such property, and against a person liable for the debt upon which the lien is founded, by an action, by the lienor, his assignee or legal representative, in the sup…
N.Y. Lien Law § 42 Enforcement of a lien under contract for a public improvement
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§ 42. Enforcement of a lien under contract for a public improvement. A lien for labor done or materials furnished for a public improvement may be enforced against the funds of the state or the public corporation for which such public improvement is constructed or demolished, to …
N.Y. Lien Law § 43 Action in a court of record; consolidation of actions
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§ 43. Action in a court of record; consolidation of actions. The provisions of the real property actions and proceedings law relating to actions for the foreclosure of a mortgage upon real property, and the sale and the distribution of the proceeds thereof apply to actions in a …
N.Y. Lien Law § 44 Parties to an action in a court of record
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§ 44. Parties to an action in a court of record. In an action in a court of record to enforce a lien against real property or a public improvement, the following are necessary parties defendant: 1. All lienors having liens notices of which have been filed against the same real p…
N.Y. Lien Law § 44-A Foreclosure of mortgage; lienors defendants
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§ 44-a. Foreclosure of mortgage; lienors defendants. In an action to foreclose a mortgage upon such real property only such persons who shall have filed notices of lien prior to the filing of the notice of lis pendens in such action shall be deemed to be necessary parties to suc…
N.Y. Lien Law § 44-B Necessary parties; lien against public or private improvement
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§ 44-b. Necessary parties; lien against public or private improvement. Notwithstanding any inconsistent provision of section forty-four of this article, any private owner or the state or a public corporation with which a notice of lien is filed shall not be a necessary party def…
N.Y. Lien Law § 45 Equities of lienors to be determined
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§ 45. Equities of lienors to be determined. The court may adjust and determine the equities of all the parties to the action and the order of priority of different liens, and determine all issues raised by any defense or counterclaim in the action. But in no case shall the court…
N.Y. Lien Law § 46 Action in a court not of record
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§ 46. Action in a court not of record. If an action to enforce a mechanic's lien against real property is brought in a court not of record, it shall be commenced by the personal service upon the owner of a summons and complaint verified in the same manner as a complaint in an ac…
N.Y. Lien Law § 47 How summons served, when personal service cannot be made
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§ 47. How summons served, when personal service cannot be made. If personal service of the summons cannot be made upon a defendant in an action in a court not of record, by reason of his absence from the state, or his concealment therein, such service may be made by leaving a co…
N.Y. Lien Law § 48 Proceedings on return of summons; answer; judgment by default
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§ 48. Proceedings on return of summons; answer; judgment by default. At the time and place specified in the summons for the return thereof, in a court not of record, issue must be joined, if both parties appear, by the defendant filing with the justice a verified answer, contain…
N.Y. Lien Law § 49 Issue, how tried; judgment
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§ 49. Issue, how tried; judgment. If issue is joined in such action in a court not of record, it must be tried in the same manner as other issues in such court, and judgment entered thereon, which shall be enforced, if for the plaintiff, in the manner provided in the following s…
N.Y. Lien Law § 5 Liens under contracts for public improvements
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§ 5. Liens under contracts for public improvements. A person performing labor for or furnishing materials to a contractor, his or her subcontractor or legal representative, for the construction or demolition of a public improvement pursuant to a contract by such contractor with …
N.Y. Lien Law § 50 Execution
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§ 50. Execution. Execution may be issued upon a judgment obtained in an action to enforce a mechanic's lien against real property in a court not of record, which shall direct the officer to sell the title and interest of the owner in the premises, upon which the lien set forth i…
N.Y. Lien Law § 51 Appeals from judgments in courts not of record
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§ 51. Appeals from judgments in courts not of record. An appeal may be taken from such judgment rendered in a court not of record, according to the provisions of law regulating appeals from judgments in actions on contract in such courts.
N.Y. Lien Law § 52 Transcrips of judgments in courts not of record
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§ 52. Transcrips of judgments in courts not of record. When a judgment is rendered in a court not of record, the justice or judge of the court in which it is tried, or other person authorized to furnish transcripts of judgments therein, shall furnish the successful party a trans…
N.Y. Lien Law § 53 Costs and disbursements
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§ 53. Costs and disbursements. If an action is brought to enforce a mechanic's lien against real property in a court of record, the costs and disbursements shall rest in the discretion of the court, and may be awarded to the prevailing party. The judgment rendered in such an act…
N.Y. Lien Law § 54 Judgment in case of failure to establish lien
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§ 54. Judgment in case of failure to establish lien. If the lienor shall fail, for any reason, to establish a valid lien in an action under the provisions of this article, he may recover judgment therein for such sums as are due him, or which he might recover in an action on a c…
N.Y. Lien Law § 55 Offer to pay money into court, or to deposit securities, in discharge of the lien
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§ 55. Offer to pay money into court, or to deposit securities, in discharge of the lien. At any time after an action is brought under the provision of this article, the owner may make and file with the clerk with whom the notice of lien is filed, if in a court of record, and if …
N.Y. Lien Law § 56 Preference over contractors
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§ 56. Preference over contractors. When a laborer, subcontractor or material man shall perform labor or furnish materials for an improvement of real property or for a public improvement, for which he is entitled to a mechanic's lien, the amount due to him shall be paid out of th…
N.Y. Lien Law § 57 Judgment may direct delivery of property in lieu of money
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§ 57. Judgment may direct delivery of property in lieu of money. If the owner has agreed to deliver bills, notes, securities or other obligations or any other species of property, in payment of the debt upon which the lien is based, the judgment may direct that such substitute b…
N.Y. Lien Law § 58 Judgment for deficiency
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§ 58. Judgment for deficiency. If upon the sale of the property under judgment in a court of record there is a deficiency of proceeds to pay the plaintiff's claim, judgment may be docketed for the deficiency against any person liable therefor, who shall be adjudged to pay the sa…
N.Y. Lien Law § 59 Vacating of a mechanic's lien; cancellation of bond; return of deposit, by order of court
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§ 59. Vacating of a mechanic's lien; cancellation of bond; return of deposit, by order of court. A mechanic's lien notice of which has been filed on real property or a bond given to discharge the same may be vacated and cancelled or a deposit made to discharge a lien pursuant to…
N.Y. Lien Law § 6 Liens for labor on railroads
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§ 6. Liens for labor on railroads. Any person who shall hereafter perform any labor for a railroad corporation shall have a lien for the value of such labor upon the railroad track, rolling-stock and appurtenances of such railroad corporation and upon the land upon which such ra…
N.Y. Lien Law § 60 Judgment in action to foreclose lien on account of public improvement
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§ 60. Judgment in action to foreclose lien on account of public improvement. If, in an action to enforce a lien on account of a public improvement, the court finds that the lien is established, it shall render judgment directing the state or the public corporation to pay over to…
N.Y. Lien Law § 61 Judgment in action to foreclose a mechanic's lien on property of a railroad corporation
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§ 61. Judgment in action to foreclose a mechanic's lien on property of a railroad corporation. If the lien is for labor done or materials furnished for a railroad corporation, upon its land, or upon or for its track, rolling stock or the appurtenances of its railroad, the judgme…
N.Y. Lien Law § 62 Bringing in new parties
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§ 62. Bringing in new parties. A lienor who has filed a notice of lien after the commencement of an action in a court of record to foreclose or enforce a mechanic's lien against real property or a public improvement, may at any time up to and including the day preceding the day …
N.Y. Lien Law § 63 Service of answer on state or public corporation
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§ 63. Service of answer on state or public corporation. In an action to foreclose a lien for a public improvement each defendant named in the original summons shall within forty days after the service of the complaint on him serve upon the state or public corporation, a copy of …
N.Y. Lien Law § 64 Award of personal judgment by court or referee
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§ 64. Award of personal judgment by court or referee. A court or referee in any action heretofore or hereafter brought may at any time award a money judgment in favor of any party. This shall not preclude the rendition of other judgments in the action. Any payment made on accoun…
N.Y. Lien Law § 65 Arrears/past due support
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§ 65. Arrears/past due support. 1. The New York state office of temporary and disability assistance, or a local social services district, or its authorized representative, on behalf of persons receiving services under title six-A of article three of the social services law, shal…
N.Y. Lien Law § 7 Liability for advance payments, collusive mortgages and incumbrances
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§ 7. Liability for advance payments, collusive mortgages and incumbrances. Any payment by the owner, contractor or subcontractor upon a contract for the improvement of real property, made prior to the time when, by the terms of the contract, such payment becomes due, for the pur…
N.Y. Lien Law § 70 Definition of trusts
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§ 70. Definition of trusts. 1. The funds described in this section received by an owner for or in connection with an improvement of real property in this state, including a home improvement loan, or received by a contractor under or in connection with a contract for an improveme…
N.Y. Lien Law § 71 Purpose of the trust; "trust claims"; "beneficiaries
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§ 71. Purpose of the trust; "trust claims"; "beneficiaries." 1. The trust assets of which an owner is trustee under subdivisions five (a) to five (f), inclusive, of section seventy of this chapter shall be held and applied for payment of the cost of improvement. The trust assets…
N.Y. Lien Law § 71-A Further trust of funds received or receivable by owner under executory contract for the sale and improvement of real property
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§ 71-a. Further trust of funds received or receivable by owner under executory contract for the sale and improvement of real property. 1. As used in this section, (a) A "contract of sale" is an executory contract for the sale of real property and the improvement thereof by the c…
N.Y. Lien Law § 72 Diversion of trust funds
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§ 72. Diversion of trust funds. 1. Any transaction by which any trust asset is paid, transferred or applied for any purpose other than a purpose of the trust as stated in subdivision one or subdivision two of section seventy-one, before payment or discharge of all trust claims w…
N.Y. Lien Law § 73 Affirmative defense in action against transferee of trust assets or to charge trustee in certain cases; "Notice of Lending
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§ 73. Affirmative defense in action against transferee of trust assets or to charge trustee in certain cases; "Notice of Lending." 1. In any action against a person to whom trust assets have been transferred, to recover assets diverted from the trust or to recover damages for th…
N.Y. Lien Law § 74 Authority of trustee in administering trust funds
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§ 74. Authority of trustee in administering trust funds. 1. Subject to subdivisions two and three of this section, the trustee is authorized to determine the order and manner of payment of any trust claims and to apply any trust asset to any purpose of the trust. 2. The authorit…
N.Y. Lien Law § 75 Deposit of funds of trust; books or records to be kept
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§ 75. Deposit of funds of trust; books or records to be kept. 1. If the trustee deposits trust funds in a bank or other depositary they shall be deposited in his name. The trustee shall not be required to keep in separate bank accounts or deposits the funds of the separate trust…
N.Y. Lien Law § 76 Right of beneficiaries to examine books or records and make copies, or to receive statement
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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 thereaf…
N.Y. Lien Law § 77 Action to enforce trust
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§ 77. Action to enforce trust. 1. A trust arising under this article may be enforced by the holder of any trust claim, including any person subrogated to the right of a beneficiary of the trust holding a trust claim, in a representative action brought for the benefit of all bene…