New York Lien Law Article 2 - MECHANICS' LIENS

• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 8 - Terms of Contract May Be Demanded.
  A statement of the terms of a contract made between an owner and a contractor, pursuant to which an improvement of real property is being...
• 9 - Contents of Notice of Lien.
  The notice of lien shall state: 1. The name and residence of the lienor; and if the lienor is a partnership or a corporation, the...
• 10 - Filing of Notice of Lien.
  1. Notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within eight...
• 11 - Service of Copy of Notice of Lien.
  Within five days before or thirty days after filing the notice of lien, the lienor shall serve a copy of such notice upon the owner,...
• 11-a - Notice of Completion and Acceptance May Be Demanded.
  1. At any time before the construction or demolition of a public improvement is completed and accepted by the state or any political subdivision thereof,...
• 11-b - Copy of Notice of Lien to a Contractor or Subcontractor.
  Within five days before or thirty days after filing a notice of lien in accordance with section ten of this chapter or the filing of...
• 11-c - Copy of Notice of Lien to a Contractor or Subcontractor With Respect to Public Improvements Liens.
  Within five days before or simultaneously with filing a notice of lien in accordance with section twelve of this chapter or the filing of an...
• 12 - Notice of Lien on Account of Public Improvements.
  At any time before the construction or demolition of a public improvement is completed and accepted by the state or by the public corporation, and...
• 12-a - Amendment.
  1. Within sixty days after the original filing, a lienor may amend his lien upon twenty days notice to existing lienors, mortgagees and the owner,...
• 13 - Priority of Liens.
  (1) A lien for materials furnished or labor performed in the improvement of real property shall have priority over a conveyance, mortgage, judgment or other...
• 14 - Assignment of Lien.
  A lien, filed as prescribed in this article, may be assigned by a written instrument signed and acknowledged by the lienor, at any time before...
• 15 - Assignments of Contracts and Orders to Be Filed.
  1. No assignment of one or more contracts for the performance of labor or the furnishing of materials for the improvement of real property or...
• 16 - Assignment of Contracts and Orders for Public Improvement to Be Filed.
  No assignment of a contract for the performance of labor or the furnishing of materials for a public improvement, or of the money, or any...
• 17 - Duration of Lien.
  No lien specified in this article shall be a lien for a longer period than one year after the notice of lien has been filed,...
• 18 - Duration of Lien Under Contract for a Public Improvement.
  If the lien is for labor done or materials furnished for a public improvement, it shall not continue for a longer period than one year...
• 19 - Discharge of Lien for Private Improvement.
  A lien other than a lien for labor performed or materials furnished for a public improvement specified in this article, may be discharged as follows:...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 29 - Subordination of Liens to Subsequent Mortgage.
  In case an owner of real property upon which an improvement is being or has been made, desires to obtain a loan by executing and...
• 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...
• 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...
• 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,...
• 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
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: February 3, 2019