reglab/housing_qa huggingface dataset:
NY Lien L § 25 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 25 - Priority of Liens and Assignments Under Contracts for Public Improvements.

§  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, or any part thereof, due or to become due under  such  contract, parties   having  liens  and  parties  having  assignments  unless  such assignments be set aside as diversions of trust assets  as  provided  in article three-a of this chapter shall have priority as follows:  (1).  Except as provided in section five an assignee of moneys, or any part thereof,  due  or  to  become  due  under  a  contract  for  public improvement,  whose  assignment  is  duly filed prior to the filing of a notice of lien or assignment of every other party to the  action,  shall have  priority  over  those  parties to the extent of advances made upon such assignment before the filing of the notice of  lien  or  assignment next subsequent to his assignment, but as to advances made subsequent to a  notice  of lien or assignment filed and unsatisfied or not discharged such assignee for the purpose of determining his proportionate share  of moneys  available  for  distribution  as provided in subdivision four of this section shall be treated as a lienor having a lien to the extent of advances so made.  (2) An assignee of moneys or any part thereof, due or  to  become  due under a contract for a public improvement whose assignment is duly filed subsequent  to  the  filing  of  the notice of lien or assignment of any other party shall for the purpose of determining his proportionate share of moneys available for distribution, as provided in subdivision four of this section be treated as a lienor having  a  lien  to  the  extent  of advances actually made upon such assignment prior to the filing thereof.  (3)  Laborers  for daily or weekly wages having liens under a contract for a public improvement, shall have preference as a class for the  full amount of their unpaid wages over all other lienors having liens arising under  the  same  contract  and  without reference to the time when such laborers shall have filed their notices of liens.  (4) There shall be no priority among labor  lienors,  as  a  class  or among   other   lienors  as  a  class,  and  any  moneys  available  for distribution among lienors of any class shall be distributed pro rata in accordance with their respective valid liens.  (5) Every assignment of moneys, or any part thereof, due or to  become due  under  a contract for a public improvement shall contain a covenant by the assignor that he will receive any moneys advanced  thereunder  by the  assignee  and will hold the right to receive such moneys as a trust fund to be first applied to the payment of trust claims  as  defined  in section  seventy-one of the lien law, and that he will apply the same to such payments only, before using any part of the moneys  for  any  other purpose.
NY Lien L § 28 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 28 - Lien of Certain Judgments Postponed.

§  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   affecting such real property, or the moneys due under  a  contract,  and   all  claims  and  liens  acquired  in  any  proceedings  upon  any money   judgment, shall be subordinate in like manner  and  to  like  extent  as   provided  in said section for the subordination of mechanics' liens, and   any attachment issued or money judgment recovered upon a  claim,  which,   in whole or in part, was not for materials furnished, labor performed or   moneys  advanced  for  the  improvement of such real property or for the   public improvement, shall be subordinate to all mechanics' liens thereon   and shall also be  subordinate  to  all  judgments  recovered  upon  and   attachments  issued upon claims for materials furnished, labor performed   or moneys advanced for the improvement of such real property.
NY Lien L § 30 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 30 - Subordination of Notices of Lis Pendens.

§   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 and all notices of pendency of actions in any   action brought to foreclose the same and all proceedings upon  judgments   and  attachments, shall be subordinate in like manner and to like extent   as provided in said sections, respectively,  for  the  subordination  of   mechanics' liens, judgments and attachments.
NY Lien L § 32 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 32 - Certain Liens and Claims Not to Be Affected.

§  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,  judgments, or to claims or liens acquired in any   action  or  proceeding  upon  such  mechanics'  liens,   building   loan   contracts,  mortgages, assignments and orders, attachments or judgments,   filed, recorded, docketed, entered or obtained, or to contracts for  the   improvement  of real property made, prior to the date when this chapter,   as amended, takes effect.
NY Lien L § 33 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 33 - Certain Sections Not to Apply to Laborers' Liens.

§  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 wages.
NY Lien L § 34 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 34 - Waiver of Lien.

§ 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 is waived, shall be  void  as   against  public  policy and wholly unenforceable. This section shall not   preclude a requirement for a written waiver  of  the  right  to  file  a   mechanic's  lien  executed and delivered by a contractor, subcontractor,   material supplier or laborer simultaneously with or  after  payment  for   the  labor  performed  or  the materials furnished has been made to such   contractor, subcontractor,  material  man  or  laborer  nor  shall  this   section  be applicable to a written agreement to subordinate, release or   satisfy all or part of such a lien made after a notice of lien has  been   filed.
NY Lien L § 35 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 35 - Waiver of Arbitration; Arbitrators' Award Conclusive.

§ 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 secured to him by   his contract to furnish labor or materials. In case the arbitrators,  in   any  arbitration  proceeding  had  pursuant  to any such contract, shall   determine the value or price of labor performed or  material  furnished,   their   award  shall  be  conclusive  as  between  all  parties  to  the   arbitration in any action to foreclose the lien.
NY Lien L § 38 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 38 - Itemized Statement May Be Required of Lienor.

§  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 in writing which shall  set   forth  the  items  of  labor and/or material and the value thereof which   make up the amount for which he claims a lien, and which shall also  set   forth  the  terms of the contract under which such items were furnished.   The statement shall be verified by the lienor or his agent in  the  form   required  for  the  verification  of  notices  in  section  nine of this   chapter. If the lienor shall fail to comply with such  a  demand  within   five  days  after  the  same  shall  have  been  made  by  the  owner or   contractor, or if the lienor delivers  an  insufficient  statement,  the   person  aggrieved  may  petition  the supreme court of this state or any   justice thereof, or the county court of the county  where  the  premises   are  situated, or the county judge of such county for an order directing   the lienor within a time specified  in  the  order  to  deliver  to  the   petitioner  the  statement required by this section. Two days' notice in   writing of such application  shall  be  served  upon  the  lienor.  Such   service  shall  be  made  in the manner provided by law for the personal   service of a summons. The court or a justice or judge thereof shall hear   the parties and  upon  being  satisfied  that  the  lienor  has  failed,   neglected  or  refused  to  comply with the requirements of this section   shall have an appropriate order directing such compliance. In  case  the   lienor fails to comply with the order so made within the time specified,   then upon five days' notice to the lienor, served in the manner provided   by  law for the personal service of a summons, the court or a justice or   judge thereof may make an order cancelling the lien.
NY Lien L § 39 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 39 - Lien Wilfully Exaggerated Is Void.

§  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 an issue, if the court shall find that   a  lienor has wilfully exaggerated the amount for which he claims a lien   as stated in his notice of lien, his lien shall be declared to  be  void   and  no recovery shall be had thereon. No such lienor shall have a right   to file any other or further lien  for  the  same  claim.  A  second  or   subsequent  lien  filed  in contravention of this section may be vacated   upon application to the court on two days' notice.
NY Lien L § 39-A (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 39-A - Liability of Lienor Where Lien Has Been Declared Void on Account of Wilful Exaggeration.

§  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  be  void  on  account  of  wilful   exaggeration the person filing such notice of lien shall  be  liable  in   damages  to  the  owner  or  contractor. The damages which said owner or   contractor shall be entitled to recover, shall include the amount of any   premium for a bond given to obtain the discharge  of  the  lien  or  the   interest on any money deposited for the purpose of discharging the lien,   reasonable attorney's fees for services in securing the discharge of the   lien,  and an amount equal to the difference by which the amount claimed   to be due or to become due as stated in the notice of lien exceeded  the   amount actually due or to become due thereon.
NY Lien L § 39-C (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 39-C - Repossession of Materials Not Used.

§  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  a subcontractor before the   completion thereof by such owner, contractor or  subcontractor,  or  if,   after  the same is completed, materials delivered are not used therefor,   a person who has delivered materials for the improvement which have  not   been  incorporated therein and for which he has not received payment may   repossess and remove such materials; and thereupon he shall have no lien   on the real property or improvements against persons secondarily liable,   for the price thereof, but he shall have the same rights  in  regard  to   the  materials as if he had never parted with the possession. This right   to repossess and remove the materials shall not  be  affected  by  their   sale,  encumbrance,  attachment,  or  transfer  from  the  site  of  the   improvement, except that, if the materials have been so transferred, the   right to repossess them shall not be effective as against a purchaser or   encumbrancer thereof in good faith whose  interest  therein  shall  have   arisen  since  such  transfer  from  the  site of the improvement, or as   against  a  creditor  attaching  after  such  transfer.  The  right   to   repossession  and  removal  given  by  this section shall extend only to   materials whose purchase price does not exceed the amount remaining  due   to  the  person  repossessing; but where materials have been partly paid   for, the person delivering them may repossess them as  allowed  in  this   section  on refunding the part of the purchase price which has been paid   less the cost of removal.
NY Lien L § 40 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 40 - Construction of Article.

§  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 and materials furnished   in the improvement of real property, created by virtue of such article.
NY Lien L § 41 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 41 - Enforcement of Mechanic's Lien on Real Property.

§  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  founded,  by  an   action,  by  the  lienor,  his  assignee or legal representative, in the   supreme court or  in  a  county  court  otherwise  having  jurisdiction,   regardless  of  the  amount  of  such  debt,  or  in  a  court which has   jurisdiction in an action founded on a  contract  for  a  sum  of  money   equivalent to the amount of such debt.
NY Lien L § 42 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 42 - Enforcement of a Lien Under Contract for a Public Improvement.

§ 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 for   which such public improvement  is  constructed  or  demolished,  to  the   extent  prescribed  in  article  two  of  this  chapter, and against the   contractor or subcontractor liable for the debt, by a civil  action,  in   the  same  court  and  in  the  same manner as a mechanic's lien on real   property.
NY Lien L § 43 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 43 - Action in a Court of Record; Consolidation of Actions.

§  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 and the distribution of the proceeds thereof apply to actions in  a   court of record, to enforce mechanics' liens on real property, except as   otherwise  provided in this article. If actions are brought by different   lienors in a court of record, the court in which the  first  action  was   brought,  may, upon its own motion, or upon the application of any party   in any of such actions, consolidate all of such actions.
NY Lien L § 44 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 44 - Parties to an Action in a Court of Record.

§  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:1.  All  lienors having liens notices of which have been filed against   the same real property or public improvement, or any part thereof, prior   to the filing of the notice of lis pendens in such action, where by  law   the filing of a notice of lis pendens is proper or required.2.  All  persons  having  subsequent liens or claims against such real   property,  by  judgment,  mortgage  or  otherwise,  filed,  docketed  or   recorded  prior to the filing of the notice of lis pendens, where by law   the filing of a notice of lis pendens is proper or required.3. All persons appearing by the records in the office  of  the  county   clerk  or  register  to  be  owners  of  such  real property or any part   thereof.4. Where by law, a notice of lis pendens may  not  be  filed  in  such   action,  all  lienors  having  liens  notices  of  which have been filed   against the same real property, and all persons having subsequent  liens   or   claims  against  such  real  property,  by  judgment,  mortgage  or   otherwise.5. Every defendant who is a lienor shall, by answer in the action, set   forth his lien, or he will be deemed to have waived the same, unless the   lien is  admitted  in  the  complaint,  and  not  contested  by  another   defendant.  The allegations is the answer of a defendant lienor shall be   deemed denied by the other lienors in said action without the  necessity   of  serving  replies.  Two or more lienors having liens notices of which   have been filed against the same real property or public improvement, or   any part thereof, may join as plaintiffs.6. The state, when the lien is one filed against funds  of  the  state   for which the public improvement is constructed or demolished. In such a   case,  the  summons  must  be served upon the attorney-general, who must   appear in behalf of the people.
NY Lien L § 44-A (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 44-A - Foreclosure of Mortgage; Lienors Defendants.

§  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  of  the  notice  of  lis   pendens  in  such action shall be deemed to be necessary parties to such   action.
NY Lien L § 44-B (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 44-B - Necessary Parties; Lien Against Public or Private Improvement.

§ 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 lien is filed shall not be a necessary party defendant   in an action to  enforce  the  lien  if,  either  before  or  after  the   commencement  of  the  action, a contractor or subcontractor, (a) in the   case of a  public  improvement,  executes  a  bond  or  undertaking,  in   accordance  with subdivision five of section twenty-one of this chapter,   to the state or the public corporation with which the notice of lien  is   filed  conditioned for the payment of any judgment that may be recovered   in an action to enforce the lien or,  (b)  in  the  case  of  a  private   improvement,   executes   a  bond  or  undertaking  in  accordance  with   subdivision four of section nineteen of  this  chapter,  to  the  county   clerk with which the notice of lien is filed conditioned for the payment   of any judgment that may be recovered in an action to enforce the lien.
NY Lien L § 45 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 45 - Equities of Lienors to Be Determined.

§  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  all  issues  raised  by  any   defense  or  counterclaim  in the action. But in no case shall the court   determine any issue between the state and the contractor where  a  claim   has been or can be submitted to the court of claims for adjudication and   in case a counterclaim is set forth by any defendant in his answer, such   defendant  shall  be deemed to have waived a trial by jury of the issues   raised thereby.
NY Lien L § 46 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 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.
NY Lien L § 47 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 47 - How Summons Served, When Personal Service Cannot Be Made.

§  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 absence from the   state, or his concealment therein, such service may be made by leaving a   copy thereof at his last place of residence and by publishing a copy  of   the summons once in each of three successive weeks in a newspaper in the   city or county where the property is situated.
NY Lien L § 48 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 48 - Proceedings on Return of Summons; Answer; Judgment by Default.

§  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 parties appear,   by the defendant filing with the justice a verified answer, containing a   general denial of each allegation of the complaint, or a specific denial   of one or more of the material allegations thereof; or any other  matter   constituting  a  defense  to  the  lien or to the claim upon which it is   founded. If the defendant fail to appear on the return-day, on proof  by   affidavit  of  the service of the summons and complaint, judgment may be   rendered for the amount claimed, with costs.
NY Lien L § 49 (2021)
2021 New York Laws LIE - Lien Article 3 - Enforcement of Liens on Real Property 49 - Issue, How Tried; Judgment.

§ 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 such court, and  judgment  entered  thereon,  which  shall  be   enforced,  if for the plaintiff, in the manner provided in the following   section. If for the defendant, in the same manner as  in  an  action  on   contract in such court.