NY Lien L § 19 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 19 - Discharge of Lien for Private Improvement.

§  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:  (1) By the certificate of the lienor, duly acknowledged or proved  and filed  in the office where the notice of lien is filed, stating that the lien is satisfied or released as to the whole or a portion of  the  real property  affected  thereby  and  may be discharged in whole or in part, specifying the part. Upon filing such certificate, the county  clerk  in the  office  where the same is filed, shall note the fact of such filing in the "lien docket" in the column headed "Proceedings had" opposite the docket of such lien.  (2) By failure to begin an action to foreclose such lien or to  secure an  order  continuing  it,  within  one year from the time of filing the notice of lien, unless an action be begun  within  the  same  period  to foreclose  a  mortgage or another mechanic's lien upon the same property or any part thereof and a notice of pendency of  such  action  is  filed according to law, but a lien, the duration of which has been extended by the  filing of a notice of the pendency of an action as herein provided, shall nevertheless terminate as  a  lien  after  such  notice  has  been cancelled or has ceased to be effective as constructive notice.  (3)  By order of the court vacating or cancelling such lien of record, for neglect of the lienor to prosecute the  same,  granted  pursuant  to section fifty-nine of this chapter.  (4)  Either before or after the beginning of an action by the owner or contractor executing a bond or undertaking in an  amount  equal  to  one hundred  ten  percent  of  such  lien conditioned for the payment of any judgment which may be rendered against the property for the  enforcement of the lien:   a.  The  execution  of any such bond or undertaking by any fidelity or surety company  authorized  by  the  laws  of  this  state  to  transact business,  shall be sufficient; and where a certificate of qualification has been issued by the superintendent of financial  services  under  the provisions  of  section one thousand one hundred eleven of the insurance law, and has not been revoked, no justification or notice thereof  shall be  necessary. Any such company may execute any such bond or undertaking as surety by the hand of its  officers,  or  attorney,  duly  authorized thereto  by  resolution  of  its board of directors, a certified copy of which resolution, under the seal of said company, shall  be  filed  with each  bond  or  undertaking. Any such bond or undertaking shall be filed with the clerk of the county in which the notice of lien is filed, and a copy shall  be  served  upon  the  adverse  party.  The  undertaking  is effective  when  so  served and filed. If a certificate of qualification issued pursuant to subsections (b), (c) and (d) of section one  thousand one  hundred  eleven  of  the  insurance  law  is  not  filed  with  the undertaking, a party may except, to the sufficiency of a surety and by a written notice of exception served upon the  adverse  party  within  ten days  after receipt, a copy of the undertaking. Exceptions deemed by the court to have been taken unnecessarily, or for vexation or  delay,  may, upon notice, be set aside, with costs. Where no exception to sureties is taken  within  ten  days  or  where  exceptions taken are set aside, the undertaking shall be allowed.   b. In the case of bonds  or  undertakings  not  executed  pursuant  to paragraph  a  of this subdivision, the owner or contractor shall execute an undertaking with two or more sufficient sureties, who shall  be  free holders, to the clerk of the county where the premises are situated. The sureties  must  together justify in at least double the sum named in the undertaking. A copy of the undertaking, with notice  that  the  sureties will  justify  before  the  court, or a judge or justice thereof, at the  time and place therein mentioned, must be served upon the lienor or  his attorney, not less than five days before such time. Upon the approval of the undertaking by the court, judge or justice an order shall be made by such court, judge or justice discharging such lien.   c.  If  the  lienor  cannot  be found, or does not appear by attorney, service under this subsection may be made by  leaving  a  copy  of  such undertaking  and  notice  at  the  lienor's  place of residence, or if a corporation at its principal place  of  business  within  the  state  as stated  in  the  notice  of  lien,  with  a  person  of suitable age and discretion therein, or if the  house  of  his  abode  or  its  place  of business  is not stated in said notice of lien and is not known, then in such manner as the court may direct. The premises, if any, described  in the  notice of lien as the lienor's residence or place of business shall be deemed to be his said residence or its  place  of  business  for  the purposes  of  said  service  at  the  time  thereof,  unless it is shown affirmatively that the person servicing  the  papers  or  directing  the service  had  knowledge  to  the  contrary.  Notwithstanding  the  other provisions of this subdivision relating to service  of  notice,  in  any case  where  the mailing address of the lienor is outside the state such service may be made by registered  or  certified  mail,  return  receipt requested, to such lienor at the mailing address contained in the notice of lien.   d. Except as otherwise provided in this subdivision, the provisions of article  twenty-five  of  the  civil  practice  law and rules regulating undertakings is applicable to  a  bond  or  undertaking  given  for  the discharge of a lien on account of private improvements.  (5)  Upon  filing  in  the office of the clerk of the county where the property is situated, a transcript of a judgment of a court of competent jurisdiction, together with due proof of service of due notice of  entry thereof,  showing  a  final  determination of the action in favor of the owner of the property against which the lien was claimed.  (6) Where it appears from the face of the  notice  of  lien  that  the claimant  has  no  valid lien by reason of the character of the labor or materials furnished and for which a lien is claimed, or  where  for  any other  reason  the  notice  of  lien  is invalid by reason of failure to comply with the provisions of section nine of this article, or where  it appears  from  the public records that such notice has not been filed in accordance with the provisions of section ten of this article, the owner or any other party in interest, may apply to the supreme court  of  this state,  or  to any justice thereof, or to the county judge of the county in which the notice of lien is filed, for an order summarily discharging of record the alleged lien. A copy of the papers upon which  application will  be  made  together  with  a  notice setting forth the court or the justice thereof or the judge to whom the application will be made  at  a time and place therein mentioned must be served upon the lienor not less than  five  days  before such time. If the lienor can not be found, such service may be made as the court,  justice  or  judge  may  direct.  The application  must  be made upon a verified petition accompanied by other written proof showing a proper case therefor, and upon the  approval  of the  application  by the court, justice or judge, an order shall be made discharging the alleged lien of record.