Title LIE, Lien

§ 33. Certain sections not to apply to laborers' liens. None of the\nprovisions contained in sections twenty-six, twenty-eight, twenty-nine\nand thirty-one of this article shall apply to liens of laborers for\ndaily or weekly wages.\n

§ 34. Waiver of lien. Notwithstanding the provisions of any other law,\nany contract, agreement or understanding whereby the right to file or\nenforce any lien created under article two is waived, shall be void as\nagainst public policy and wholly unenforceable. This section sha…

§ 35. Waiver of arbitration; arbitrators' award conclusive. The filing\nof a notice of lien shall not be a waiver of any right of arbitration of\na contractor, subcontractor, material man or laborer secured to him by\nhis contract to furnish labor or materials. In case the arbit…

§ 37. Bond to discharge all liens. (1) The owner or contractor between\nwhom a contract exists for the improvement of real property may, either\nbefore or after the commencement of the improvement, execute as a\nprincipal, a bond to the county clerk of the county where the premi…

§ 38. Itemized statement may be required of lienor. A lienor who has\nfiled a notice of lien shall, on demand in writing, deliver to the owner\nor contractor making such demand a statement in writing which shall set\nforth the items of labor and/or material and the value thereof…

§ 39. Lien wilfully exaggerated is void. In any action or proceeding\nto enforce a mechanic's lien upon a private or public improvement or in\nwhich the validity of the lien is an issue, if the court shall find that\na lienor has wilfully exaggerated the amount for which he clai…

§ 39-a. Liability of lienor where lien has been declared void on\naccount of wilful exaggeration. Where in any action or proceeding to\nenforce a mechanic's lien upon a private or public improvement the court\nshall have declared said lien to be void on account of wilful\nexagge…

§ 39-c. Repossession of materials not used. If for any reason after\nthe work of a private or a public improvement of real property is\nabandoned by an owner, a contractor or a subcontractor before the\ncompletion thereof by such owner, contractor or subcontractor, or if,\nafter…

§ 4. Extent of lien. (1) Such lien shall extend to the owner's right,\ntitle or interest in the real property and improvements, existing at the\ntime of filing the notice of lien, or thereafter acquired, except as\nhereinafter in this article provided. If an owner assigns his in…

§ 4-a. Insurance proceeds liable for demands. Owner, contractor or\nsubcontractor diverting proceeds, guilty of larceny. The proceeds of any\ninsurance which by the terms of the policy are payable to the owner of\nreal property improved, and actually received or to be received b…

§ 40. Construction of article. This article is to be construed in\nconnection with article two of this chapter, and provides proceedings\nfor the enforcement of liens for labor performed and materials furnished\nin the improvement of real property, created by virtue of such arti…

§ 41. Enforcement of mechanic's lien on real property. A mechanic's\nlien on real property may be enforced against such property, and against\na person liable for the debt upon which the lien is founded, by an\naction, by the lienor, his assignee or legal representative, in the\…

§ 42. Enforcement of a lien under contract for a public improvement. A\nlien for labor done or materials furnished for a public improvement may\nbe enforced against the funds of the state or the public corporation for\nwhich such public improvement is constructed or demolished, …

§ 43. Action in a court of record; consolidation of actions. The\nprovisions of the real property actions and proceedings law relating to\nactions for the foreclosure of a mortgage upon real property, and the\nsale and the distribution of the proceeds thereof apply to actions in…

§ 44. Parties to an action in a court of record. In an action in a\ncourt of record to enforce a lien against real property or a public\nimprovement, the following are necessary parties defendant:\n 1. All lienors having liens notices of which have been filed against\nthe same r…

§ 44-a. Foreclosure of mortgage; lienors defendants. In an action to\nforeclose a mortgage upon such real property only such persons who shall\nhave filed notices of lien prior to the filing of the notice of lis\npendens in such action shall be deemed to be necessary parties to …

§ 44-b. Necessary parties; lien against public or private improvement.\nNotwithstanding any inconsistent provision of section forty-four of this\narticle, any private owner or the state or a public corporation with\nwhich a notice of lien is filed shall not be a necessary party …

§ 45. Equities of lienors to be determined. The court may adjust and\ndetermine the equities of all the parties to the action and the order of\npriority of different liens, and determine all issues raised by any\ndefense or counterclaim in the action. But in no case shall the co…

§ 46. Action in a court not of record. If an action to enforce a\nmechanic's lien against real property is brought in a court not of\nrecord, it shall be commenced by the personal service upon the owner of\na summons and complaint verified in the same manner as a complaint in an…

§ 47. How summons served, when personal service cannot be made. If\npersonal service of the summons cannot be made upon a defendant in an\naction in a court not of record, by reason of his absence from the\nstate, or his concealment therein, such service may be made by leaving a…

§ 48. Proceedings on return of summons; answer; judgment by default.\nAt the time and place specified in the summons for the return thereof,\nin a court not of record, issue must be joined, if both parties appear,\nby the defendant filing with the justice a verified answer, cont…

§ 49. Issue, how tried; judgment. If issue is joined in such action in\na court not of record, it must be tried in the same manner as other\nissues in such court, and judgment entered thereon, which shall be\nenforced, if for the plaintiff, in the manner provided in the followin…

§ 5. Liens under contracts for public improvements. A person\nperforming labor for or furnishing materials to a contractor, his or her\nsubcontractor or legal representative, for the construction or\ndemolition of a public improvement pursuant to a contract by such\ncontractor w…

§ 50. Execution. Execution may be issued upon a judgment obtained in\nan action to enforce a mechanic's lien against real property in a court\nnot of record, which shall direct the officer to sell the title and\ninterest of the owner in the premises, upon which the lien set fort…

§ 51. Appeals from judgments in courts not of record. An appeal may be\ntaken from such judgment rendered in a court not of record, according to\nthe provisions of law regulating appeals from judgments in actions on\ncontract in such courts.\n

§ 52. Transcrips of judgments in courts not of record. When a judgment\nis rendered in a court not of record, the justice or judge of the court\nin which it is tried, or other person authorized to furnish transcripts\nof judgments therein, shall furnish the successful party a tr…

§ 53. Costs and disbursements. If an action is brought to enforce a\nmechanic's lien against real property in a court of record, the costs\nand disbursements shall rest in the discretion of the court, and may be\nawarded to the prevailing party. The judgment rendered in such an …

§ 54. Judgment in case of failure to establish lien. If the lienor\nshall fail, for any reason, to establish a valid lien in an action under\nthe provisions of this article, he may recover judgment therein for such\nsums as are due him, or which he might recover in an action on …

§ 55. Offer to pay money into court, or to deposit securities, in\ndischarge of the lien. At any time after an action is brought under the\nprovision of this article, the owner may make and file with the clerk\nwith whom the notice of lien is filed, if in a court of record, and …

§ 56. Preference over contractors. When a laborer, subcontractor or\nmaterial man shall perform labor or furnish materials for an improvement\nof real property or for a public improvement, for which he is entitled\nto a mechanic's lien, the amount due to him shall be paid out of…

§ 57. Judgment may direct delivery of property in lieu of money. If\nthe owner has agreed to deliver bills, notes, securities or other\nobligations or any other species of property, in payment of the debt\nupon which the lien is based, the judgment may direct that such\nsubstitu…

§ 58. Judgment for deficiency. If upon the sale of the property under\njudgment in a court of record there is a deficiency of proceeds to pay\nthe plaintiff's claim, judgment may be docketed for the deficiency\nagainst any person liable therefor, who shall be adjudged to pay the…

§ 59. Vacating of a mechanic's lien; cancellation of bond; return of\ndeposit, by order of court. A mechanic's lien notice of which has been\nfiled on real property or a bond given to discharge the same may be\nvacated and cancelled or a deposit made to discharge a lien pursuant…

§ 6. Liens for labor on railroads. Any person who shall hereafter\nperform any labor for a railroad corporation shall have a lien for the\nvalue of such labor upon the railroad track, rolling-stock and\nappurtenances of such railroad corporation and upon the land upon which\nsuc…

§ 60. Judgment in action to foreclose lien on account of public\nimprovement. If, in an action to enforce a lien on account of a public\nimprovement, the court finds that the lien is established, it shall\nrender judgment directing the state or the public corporation to pay\nove…

§ 61. Judgment in action to foreclose a mechanic's lien on property of\na railroad corporation. If the lien is for labor done or materials\nfurnished for a railroad corporation, upon its land, or upon or for its\ntrack, rolling stock or the appurtenances of its railroad, the jud…

§ 62. Bringing in new parties. A lienor who has filed a notice of lien\nafter the commencement of an action in a court of record to foreclose or\nenforce a mechanic's lien against real property or a public improvement,\nmay at any time up to and including the day preceding the d…

§ 63. Service of answer on state or public corporation. In an action\nto foreclose a lien for a public improvement each defendant named in the\noriginal summons shall within forty days after the service of the\ncomplaint on him serve upon the state or public corporation, a copy …

§ 64. Award of personal judgment by court or referee. A court or\nreferee in any action heretofore or hereafter brought may at any time\naward a money judgment in favor of any party. This shall not preclude\nthe rendition of other judgments in the action. Any payment made on\nac…

§ 65. Arrears/past due support. 1. The New York state office of\ntemporary and disability assistance, or a local social services\ndistrict, or its authorized representative, on behalf of persons\nreceiving services under title six-A of article three of the social\nservices law, …

§ 7. Liability for advance payments, collusive mortgages and\nincumbrances. Any payment by the owner, contractor or subcontractor upon\na contract for the improvement of real property, made prior to the time\nwhen, by the terms of the contract, such payment becomes due, for the\…

§ 70. Definition of trusts. 1. The funds described in this section\nreceived by an owner for or in connection with an improvement of real\nproperty in this state, including a home improvement loan, or received\nby a contractor under or in connection with a contract for an\nimpro…

§ 71. Purpose of the trust; "trust claims"; "beneficiaries." 1. The\ntrust assets of which an owner is trustee under subdivisions five (a) to\nfive (f), inclusive, of section seventy of this chapter shall be held\nand applied for payment of the cost of improvement. The trust ass…

§ 71-a. Further trust of funds received or receivable by owner under\nexecutory contract for the sale and improvement of real property. 1. As\nused in this section,\n (a) A "contract of sale" is an executory contract for the sale of real\nproperty and the improvement thereof by …

§ 72. Diversion of trust funds. 1. Any transaction by which any trust\nasset is paid, transferred or applied for any purpose other than a\npurpose of the trust as stated in subdivision one or subdivision two of\nsection seventy-one, before payment or discharge of all trust claim…

§ 73. Affirmative defense in action against transferee of trust assets\nor to charge trustee in certain cases; "Notice of Lending." 1. In any\naction against a person to whom trust assets have been transferred, to\nrecover assets diverted from the trust or to recover damages for…

§ 74. Authority of trustee in administering trust funds. 1. Subject to\nsubdivisions two and three of this section, the trustee is authorized to\ndetermine the order and manner of payment of any trust claims and to\napply any trust asset to any purpose of the trust.\n 2. The aut…

§ 75. Deposit of funds of trust; books or records to be kept. 1. If\nthe trustee deposits trust funds in a bank or other depositary they\nshall be deposited in his name.\n The trustee shall not be required to keep in separate bank accounts or\ndeposits the funds of the separate …

§ 76. Right of beneficiaries to examine books or records and make\ncopies, or to receive statement. 1. Any beneficiary of the trust holding\na trust claim shall be entitled, upon request, after the expiration of\nthirty days from the date his trust claim became payable, and ther…

§ 77. Action to enforce trust. 1. A trust arising under this article\nmay be enforced by the holder of any trust claim, including any person\nsubrogated to the right of a beneficiary of the trust holding a trust\nclaim, in a representative action brought for the benefit of all\n…