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New York Lien - Article 3 - (40 - 65) Enforcement of Liens on Real Property

Legal Research Home > New York Laws > New York Lien (LIE) > New York Lien - Article 3 - (40 - 65) Enforcement of Liens on Real Property

• New York Lien - Article 3 - Enforcement of Liens on Real Property
  Section 40. Construction of article. 41. Enforcement of mechanic's lien on real property. 42. Enforcement of a lien under contract for a public improvement. 43....
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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:...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 50 - 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 53 - 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 action shall include...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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,...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 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...
• New York Lien - § 65 - Arrears/past Due Support
  have accumulated subsequent to the date of the court order, the entire amount of any retroactive support may be collected pursuant to the provisions of...