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New York Lien Law Section 46 - Action In A Court Not Of Record.

Legal Research Home > New York Lawyer > Lien > New York Lien Law Section 46 - Action In A Court Not Of Record.

    § 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
  action in a court of record. The complaint must set forth  substantially
  the  facts  contained  in  the  notice of lien, and the substance of the
  agreement under which the labor was  performed  or  the  materials  were
  furnished.  The  form  and  contents of the summons shall be the same as
  provided by law for the commencement of an action  upon  a  contract  in
  such court. The summons must be returnable not less than twelve nor more
  than twenty days after the date of the summons, or if service is made by
  publication,  after  the  day  of  the  last publication of the summons.
  Service must be made at least eight days before the return day.

Last modified: August 24, 2006