NY Lien L § 10 (2021)
2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 10 - Filing of Notice of Lien.

§  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 months after the completion of the contract,   or  the  final  performance  of the work, or the final furnishing of the   materials, dating from the last item  of  work  performed  or  materials   furnished;  provided,  however, that where the improvement is related to   real property improved or to be improved with a single family  dwelling,   the  notice  of lien may be filed at any time during the progress of the   work and the furnishing of the materials, or, within four  months  after   the completion of the contract, or the final performance of the work, or   the final furnishing of the materials, dating from the last item of work   performed  or materials furnished; and provided further where the notice   of lien is for retainage, the notice of lien may be filed within  ninety   days after the date the retainage was due to be released; except that in   the  case  of  a lien by a real estate broker, the notice of lien may be   filed only after the performance of the brokerage services and execution   of lease by both lessor and lessee and only if a  copy  of  the  alleged   written agreement of employment or compensation is annexed to the notice   of  lien,  provided  that  where  the  payment  pursuant  to the written   agreement of employment or compensation is to be made  in  installments,   then  a  notice of lien may be filed within eight months after the final   payment is due, but in no event later than a date five years  after  the   first  payment  was made. For purposes of this section, the term "single   family dwelling" shall not include a dwelling unit which is a part of  a   subdivision  that  has  been  filed  with  a  municipality  in which the   subdivision is located when at the time the lien is filed, such property   in the subdivision is owned by the developer for purposes other than his   personal residence. For purposes of this section, "developer" shall mean   and include any private individual, partnership,  trust  or  corporation   which  improves  two or more parcels of real property with single family   dwellings pursuant to a common scheme or plan. The notice of  lien  must   be  filed  in  the  clerk's  office  of the county where the property is   situated. If such property is situated in  two  or  more  counties,  the   notice of lien shall be filed in the office of the clerk of each of such   counties.  The county clerk of each county shall provide and keep a book   to be called the "lien docket," which shall be suitably ruled in columns   headed "owners," "lienors," "lienor's attorney,"  "property,"  "amount,"   "time of filing," "proceedings had," in each of which he shall enter the   particulars  of  the  notice, properly belonging therein. The date, hour   and minute of the filing of each notice of lien shall be entered in  the   proper  column.  Except  where the county clerk maintains a block index,   the names of the owners shall be arranged in such book  in  alphabetical   order.  The  validity of the lien and the right to file a notice thereof   shall not be affected by the death of the owner  before  notice  of  the   lien is filed.2. Where the county clerk indexes liens in a block index, every notice   of  lien  presented  to  the  clerk  of  a county of filing, in order to   entitle the same to be filed, shall contain  in  the  body  thereof,  or   shall have endorsed thereon, a designation of the number of every block,   on  the land map of the county, which is affected by the notice of lien.   The county clerk shall cause such notice of lien to be  entered  in  the   block  index  suitably  ruled  to  contain  the  columns  listed  in the   preceding  paragraph,  under  the  block  number  of  every   block   so   designated.  In  cases  where  a  notice  of  lien shall have been filed   without such designation or with an erroneous  designation,  the  county   clerk,  on  presentation  of  proper  proof  thereof,  shall  enter such   instrument in the proper index, under the proper block number  of  every   block  in  which  the  land affected is situated, and shall, at the same    time, make a note of such entry and of the date thereof in  every  place   in which such instrument may have been erroneously indexed, opposite the   entry  thereof,  and  also upon the instrument itself, if the same be in   his  possession  or  produced  to him for the purpose, and the filing of   such instrument shall be constructive notice as to property in the block   not duly designated at the time of such filing only from the  time  when   the same shall be properly indexed.A   county   clerk   may   adopt   a  new  indexing  system  utilizing   electro-mechanical, electronic or any other method he deems suitable for   maintaining the indexes.