New York Lien Law Article 3 - ENFORCEMENT OF LIENS ON REAL PROPERTY

• 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...
• 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...
• 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...
• 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...
• 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:...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 50 - Execution.
  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,...
• 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...
• 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...
• 53 - Costs and Disbursements.
  If an action is brought to enforce a mechanic's lien against real property in a court of record, the costs and disbursements shall rest in...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 65 - Arrears/past Due Support.
  1. The New York state office of temporary and disability assistance, or a local social services district, or its authorized representative, on behalf of persons...

Last modified: February 3, 2019