Title LIE, Lien

§ 20. Discharge of lien after notice of lien filed by payment of money into court. A lien specified in this article, other than a lien for performing labor or furnishing materials for a public improvement, may be discharged after the notice of lien is filed at any time before an…

§ 200. Sale of personal property to satisfy a lien. A lien against personal property, other than the lien of a warehouse pursuant to section 7--209 of the uniform commercial code, the lien of a carrier pursuant to section 7--307 of the uniform commercial code, a security interes…

§ 201. Notice of sale. Before such sale is held the lienor shall serve a notice upon the owner with due diligence within such county, if such owner can be found where such lien arose, if not then to the person for whose account the same is then held personally, provided such ser…

§ 201-a. Proceeding to determine validity of liens. Within ten days after service of the notice of sale, the owner or any person entitled to notice pursuant to section two hundred one of this article may commence a special proceeding to determine the validity of the lien. The sp…

§ 202. Sale to be advertised; exception. 1. Each sale of personal property of a value of one hundred dollars or more, or of any security, to satisfy a lien thereon shall be at public auction to the highest bidder, and shall be held in the city or town where the lien was acquired…

§ 202-a. Sale of a security. A description of a security, as such term is defined in section two hundred two, substantially similar to the description specified in said section shall, in the absence of agreement to the contrary and unless otherwise provided by statute, be deemed…

§ 202-b. Pledgee may buy at public sale. Unless the pledge agreement otherwise provides, in all cases where a pledgee may lawfully sell pledged property and the property is sold at public sale, the pledgee, or his assignee or the legal representative of either, may fairly and in…

§ 203. Redemption before sale. At any time before such property is so sold, the owner thereof or any person entitled to notice of sale pursuant to section two hundred one of this article may redeem the property by paying to the lienor the amount due on account of the lien, and w…

§ 204. Disposition of proceeds. Of the proceeds of such sale, the lienor shall retain an amount sufficient to satisfy his lien, and the expenses of advertisement and sale. The balance of such proceeds, if any, shall be held by the lienor subject to the demand of the owner, or hi…

§ 205. Remedy not exclusive. The preceding provisions of this article do not preclude any other remedy by action or otherwise, now existing, for the enforcement of a lien against personal property, or bar the right to recover so much of the debt as shall not be paid by the proce…

§ 206. Enforcement by action; when and in what courts; procedure in action to foreclose real property mortgage applicable in actions to foreclose a mortgage or other lien. An action may be maintained to foreclose a lien upon a chattel, for a sum of money, in any case where such …

§ 207. Warrant to seize chattel; proceedings thereupon. If the plaintiff is not in possession of the chattel, a warrant may be granted by the court, or a judge thereof, commanding the sheriff, or such enforcement officer as is provided by law to execute the mandates of the parti…

§ 208. Judgment. In an action brought in a court specified in the last section, final judgment, in favor of the plaintiff, must specify the amount of the lien or the monetary obligation secured by the security interest, and direct a sale of the chattel to satisfy the same and th…

§ 209. Action in inferior court. Where the action is brought in a court, other than one of those specified in section two hundred and seven, if the plaintiff is not in possession of the chattel, a warrant, commanding the proper officer to seize the chattel, and safely keep it to…

§ 21. Discharge of lien for public improvement. A lien against the amount due or to become due a contractor from the state or a public corporation for the construction or demolition of a public improvement may be discharged as follows: 1. By filing a certificate of the lienor or…

§ 21-a. Vacating lien for a public improvement, by order of court. A lien against the amount due or to become due a contractor from the state or a public corporation, for the construction or demolition of a public improvement, may be vacated and canceled by an order of the supre…

§ 210. Application. Sections two hundred and six to two hundred nine inclusive do not affect any existing right or remedy to foreclose or satisfy a lien upon, or a security interest in a chattel, without action; and they do not apply to a case, where another mode of enforcing a …

§ 211. 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 s…

§ 22. Building loan contract. A building loan contract either with or without the sale of land, and any modification thereof, must be in writing and duly acknowledged, and must contain a true statement under oath, verified by the borrower, showing the consideration paid, or to b…

§ 23. Construction of article. This article is to be construed liberally to secure the beneficial interests and purposes thereof. A substantial compliance with its several provisions shall be sufficient for the validity of a lien and to give jurisdiction to the courts to enforce…

§ 24. Enforcement of mechanic's lien. The mechanics' liens specified in this article may be enforced against the property specified in the notice of lien and which is subject thereto and against any person liable for the debt upon which the lien is founded, as prescribed in arti…

§ 240. Place of filing notices of liens and certificates and notices affecting such liens. 1. Notices of liens upon real property for taxes payable to the United States of America or otherwise created by federal law in favor of the United States of America or one or more of its …

§ 241. Files, indexes, and entries. 1. When a notice of federal lien or a notice of revocation of any certificate described in subdivision one of section two hundred forty-two is presented to the secretary of state for filing, he or she shall cause such notice to be marked or as…

§ 242. Non-attachment, release, discharge and subordination of liens. 1. When a certificate of release, non-attachment, discharge or subordination of any federal lien is presented for filing in the office of the secretary of state, he or she shall (a) cause a certificate of rele…

§ 243. Fees. The fee to be paid to the secretary of state or a clerk or register for filing and indexing each notice of lien or certificate or notice affecting any such lien shall be determined in accordance with the provisions of section ninety-six-a of the executive law. Such …

§ 244. Execution of notices and certificates. Certification by the secretary of the treasury of the United States or his delegate of notices of liens or certificates or notices affecting such liens entitles them to be filed. No other attestation, certification or acknowledgment …

§ 245. Purpose of article. This article is passed for the purpose of authorizing the filing of notices of liens in accordance with the provisions of the statutes of the United States of America applicable thereto.

§ 246. Notices of filing liens and certificate of discharge. Notice of surety bond liens in favor of the people of the state of New York as provided in section two hundred forty-six of this article and certificates discharging such liens may be filed in the office of the recordi…

§ 246-a. Bail bond to act as lien on real estate. Upon the execution of any bail bond and an affidavit of justification as set forth in the provisions of subdivision four of section 520.20 of the criminal procedure law, between any person or corporation and the people of the sta…

§ 246-b. Notice of lien of bail bond in criminal actions or proceedings. A notice of lien of bail bond on real estate shall be filed in the office of the recording officer of the county in which such real estate given as security in a bail bond in a criminal action or proceeding…

§ 247. Files, indexes and entries. The recording officer of each county shall procure, at the expense of the county, a file to be styled and labeled "State criminal surety bond lien notices", and an index book or card index system to be styled and labeled "State criminal surety …

§ 247-a. Indexing of criminal surety bond liens. In counties where the recording officer indexes recorded or filed documents affecting real estate under a section and block system based on a land map of such a county, such recording officer shall also index "Criminal Surety Bond…

§ 247-b. Discretion of recording officer. The recording officer may also index these liens in any additional manner which in his discretion, may be essential.

§ 247-c. Electronics indexes. A county clerk may adopt a new indexing system utilizing electro-mechanical, electronic or any other method he deems suitable for maintaining the indexes.

§ 248. Discharge of liens. When a certificate of discharge of any such surety bond lien, issued by the proper officer, is presented for filing in the office of the recording officer where the notice of lien is filed, such officer shall permanently attach the certificate of disch…

§ 249. Fees. Neither the attorney-general of the state of New York nor any district attorney of any county of the state shall be charged a fee by the recording officer for filing or indexing any such notice of lien, but the fee to be paid a recording officer for filing and index…

§ 249-a. Form of certificate of transcript of lien. The recording officer shall upon request issue a certificate or transcript of any criminal surety bond lien on file in his office on the following or substantially similar form, and the fee to be paid to the recording officer f…

§ 249-b. Certificate or transcript of discharge of lien. The recording\nofficer shall upon request issue a certificate or transcript of a\ncertificate of discharge of a criminal bail surety bond lien on file in\nhis office on the following or substantially similar form, and the …

§ 25. Priority of liens and assignments under contracts for public improvements. Parity of liens of same class. In an action to enforce a lien under a contract for a public improvement, or an assignment of moneys, or any part thereof, due or to become due under such contract, pa…

* § 250. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. * NB There are 2 § 250's

* § 250. Definition of recording officer. Wherever in this article, the term "recording officer" is used, it shall mean the county clerk of the county, except that in a county having a register, it shall mean the register. * NB There are 2 § 250's

* § 251. When to take effect. This chapter shall take effect immediately. * NB There are 2 § 251's

* § 251. Purposes of article. This article is passed for the purpose of authorizing the filing of notices of liens in accordance with the provision of section two hundred forty-six-b of this article. * NB There are 2 § 251's

§ 26. Subordination of liens after agreement with owner. In case an owner of real property shall execute to one or more persons, or a corporation, as trustee or trustees, a bond and mortgage or a note and mortgage affecting such property in whole or in part, or an assignment of …

§ 28. Lien of certain judgments postponed. Upon the filing of the written instrument or instruments of approval under section twenty-six of this article, the lien of all money judgments and attachments affecting such real property, or the moneys due under a contract, and all cla…

§ 29. Subordination of liens to subsequent mortgage. In case an owner\nof real property upon which an improvement is being or has been made,\ndesires to obtain a loan by executing and delivering a bond or bonds or\nnote or notes secured by a mortgage upon such real property, or …

§ 3. Mechanic's lien on real property. A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improv…

§ 30. Subordination of notices of lis pendens. In case of subordination pursuant to the provisions of sections twenty-six, twenty-eight or twenty-nine of this article all actions and proceedings upon such mechanics' liens and all notices of pendency of actions in any action brou…

§ 31. Discharge of liens on sale of real property. In case an owner of real property upon which an improvement is being or has been made, desires to convey or transfer an interest in such real property or any part thereof, and in case lienors having mechanics' liens against such…

§ 32. Certain liens and claims not to be affected. The amendments contained in this act shall not apply to mechanics' liens, building loan contracts, mortgages, assignments and orders referred to in section fifteen, attachments, judgments, or to claims or liens acquired in any a…