reglab/statecodes huggingface dataset:
2023 New York Laws › LIE - Lien › Article 2 - Mechanics' Liens › 18 - Duration of Lien Under Contract for a Public Improvement.

§ 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 from the time of
  filing the notice of  such  lien,  unless  an  action  is  commenced  to
  foreclose  such  lien  within that time, and a notice of the pendency of
  such action is filed with the comptroller of the state or the  financial
  officer  of the public corporation with whom the notice of such lien was
  filed; or unless an extension to such lien is filed with the comptroller
  of the state or the financial officer of  the  public  corporation  with
  whom  the  notice of such lien was filed within one year from the filing
  of the original notice of lien, continuing such lien and such lien shall
  be redocketed as of the date of filing such  extension.  Such  extension
  shall   contain   the   names  of  the  lienor  and  the  contractor  or
  subcontractor for whom the labor was performed or materials furnished, a
  description of the public improvement upon which the labor was performed
  and materials expended, the amount of such lien, and  the  date  of  the
  filing  of  the  notice  of  lien.  No  lien  shall be continued by such
  extension for more than one year from the filing thereof. In  the  event
  an  action  is  not commenced to foreclose the lien within such extended
  period, such lien shall be extinguished unless an order be granted by  a
  court of record or a judge or justice thereof, continuing such lien, and
  a  new  docket  be made stating such fact. No lien shall be continued by
  such order for more than one year from the granting thereof, but  a  new
  order and entry may be made in each of two successive years. If a lienor
  be  made a party defendant in an action to enforce another lien, and the
  plaintiff or such defendant has filed a notice of the  pendency  of  the
  action  within  the  time  prescribed  in this section, the lien of such
  defendant is thereby continued. The provision of this section in  regard
  to  continuing  liens  shall  apply to liens discharged by deposit or by
  order on the filing of an undertaking. This section is  hereby  declared
  to  be a remedial statute and is to be construed liberally to secure the
  beneficial interests and purposes thereof.
2023 New York Laws › LIE - Lien › Article 2 - Mechanics' Liens › 20 - Discharge of Lien After Notice of Lien Filed by Payment of Money Into Court.

§ 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 notice of lien is filed at any time before an
  action is commenced to foreclose  such  lien,  by  depositing  with  the
  county  clerk,  in  whose  office  the notice of lien is filed, a sum of
  money equal to the amount claimed in such notice, with interest  to  the
  time  of  such  deposit.  After  such  deposit  is  made and the lien is
  discharged the county treasurer or any other officer with whom the money
  is deposited shall, within ten days thereafter, send a notice by mail to
  the lienor, at the address given in the lien, that such  lien  has  been
  discharged  by  deposit. After action to foreclose the lien is commenced
  it may be discharged by a payment into court of such sum of  money,  as,
  in  the  judgment  of  the court or a judge or justice thereof, after at
  least five days' notice to all  the  parties  to  the  action,  will  be
  sufficient  to  pay  any judgment which may be recovered in such action.
  Upon any such payment, the county clerk shall forthwith enter  upon  the
  lien  docket and against the lien for the discharge of which such moneys
  were paid, the words "discharged by payment. " A deposit of  money  made
  as  prescribed  in  this section shall be repaid to the party making the
  deposit, or his successor, upon the discharge of the liens  against  the
  property pursuant to law. All deposits of money made as provided in this
  section  shall  be considered as paid into court and shall be subject to
  the provisions of law relative to the payment of money  into  court  and
  the  surrender  of  such  money  by order of the court. An order for the
  surrender of such moneys to the lienor or depositor may be made  by  any
  court  of  record  having  jurisdiction  of the parties. If no action is
  brought in a court of record to enforce such lien,  such  order  may  be
  made by any judge of a court of record. If application for such order is
  made  by  lienor  it shall be on notice to the depositor; if made by the
  depositor then on notice to the lienor.
2023 New York Laws › LIE - Lien › Article 2 - Mechanics' Liens › 21-A - Vacating Lien for a Public Improvement, by Order of Court.

§  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 a  public
  improvement,  may  be  vacated  and  canceled by an order of the supreme
  court. Before such order shall be granted, a notice shall be served upon
  the lienor personally or, in such manner as the court may  direct.  Such
  notice  shall  require  the  lienor to commence an action to enforce the
  lien within a time specified in the notice, not less  than  thirty  days
  from the time of service, or show cause at a special term of the supreme
  court  in  the judicial district embracing the county wherein the notice
  of lien is filed, at a time and place specified therein, why the  notice
  of  lien  should  not  be  vacated and canceled of record. Proof of such
  service and that the lienor has not commenced the  action  to  foreclose
  such  a  lien, as directed in the notice, shall be made by affidavit, at
  the time of applying for such order.
2023 New York Laws › LIE - Lien › Article 2 - Mechanics' Liens › 23 - Construction of Article.

§  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
  for the validity of a lien and to give jurisdiction  to  the  courts  to
  enforce the same.
2023 New York Laws › LIE - Lien › Article 2 - Mechanics' Liens › 24 - Enforcement of Mechanic's Lien.

§  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 against any person
  liable for the debt upon which the lien is  founded,  as  prescribed  in
  article three of this chapter.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 50 - Execution.

§  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,  which  shall  direct the officer to sell the title and
  interest of the owner in the premises, upon which the lien set forth  in
  the complaint existed at the time of filing the notice of lien.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 51 - Appeals From Judgments in Courts 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 in actions on
  contract in such courts.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 52 - Transcrips of Judgments in Courts Not of Record.

§ 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 person authorized to furnish  transcripts
  of  judgments  therein,  shall furnish the successful party a transcript
  thereof, which he may file with the clerk of the county  with  whom  the
  notice  of  lien  is  filed.  The filing of such transcript has the same
  effect as the filing of a transcript of any other judgment  rendered  in
  such courts.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 53 - Costs and Disbursements.

§  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 the discretion of the court, and may be
  awarded to the prevailing party. The judgment rendered in such an action
  shall include the amount of such costs and specify to whom and  by  whom
  the  costs  are  to be paid. If such action is brought in a court not of
  record, they shall be the same as  allowed  in  civil  actions  in  such
  court.  The  expenses incurred in serving the summons by publication may
  be added to the amount of costs now allowed in such court.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 54 - Judgment in Case of Failure to Establish Lien.

§  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 judgment therein for such
  sums as are due him, or which  he  might  recover  in  an  action  on  a
  contract, against any party to the action.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 55 - Offer to Pay Money Into Court, or to Deposit Securities, in Discharge of the Lien.

§  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 the notice of lien is filed, if in a court of record,  and  if
  in a court not of record, with the court, an offer to pay into court the
  sum  of money stated therein, or to execute and deposit securities which
  he may describe, in discharge of the lien, and serve upon the  plaintiff
  a copy of such offer. If a written acceptance of the offer is filed with
  such  clerk,  or court, within ten days after its service, and a copy of
  the acceptance is served upon the party making  the  offer,  the  court,
  upon  proof  of  such  offer  and acceptance, may make an order, that on
  depositing with such clerk,  or  court,  the  sum  so  offered,  or  the
  securities  described,  the lien shall be discharged, and that the money
  or securities deposited shall take the place of the property upon  which
  the  lien  existed, and shall be subject to the lien. If the offer is of
  money only, the court, on application and notice to  the  plaintiff  may
  make  such  order, without the acceptance of the offer by the plaintiff.
  If such action is brought in a court not of record, such  order  may  be
  made by the county court of the county where such action is brought upon
  notice,  and  upon filing such order and depositing such sum of money or
  securities with the county clerk of  such  county,  he  shall  forthwith
  discharge  said notice of lien, by writing upon the margin of the record
  thereof,  the  words  "discharged  by  payment."  Money  or   securities
  deposited upon the acceptance of an offer pursuant to this section shall
  be  held  by the clerk or the court until the final determination of the
  action, including an appeal.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 56 - Preference Over Contractors.

§  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 which he  is  entitled
  to  a  mechanic's  lien,  the amount due to him shall be paid out of the
  proceeds of the sale of such property or out of the moneys of the  state
  or  public  corporation  applicable to the construction or demolition of
  the public improvement, under any judgment  rendered  pursuant  to  this
  article, before any part of such proceeds is paid to the person for whom
  he  has  performed  such  labor  or furnished such materials. If several
  notices of lien are filed for the same claim, as  where  the  contractor
  has  filed  a  notice  of lien, for the services of his workmen, and the
  workmen have also filed notices of lien, the judgment shall provide  for
  but one payment of the claim which shall be paid to the parties entitled
  thereto.  Payment  voluntarily made upon any claim filed as a lien shall
  not impair or diminish the lien of any person except the person to  whom
  the payment was made.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 57 - Judgment May Direct Delivery of Property in Lieu of Money.

§  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 which the  lien  is  based,  the  judgment  may  direct  that  such
  substitute  be  delivered  or deposited as the court may direct, and the
  property affected by  the  lien  cannot  be  sold,  by  virtue  of  such
  judgment, except in default of the owner to so deliver or deposit within
  the time directed by the court.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 58 - Judgment for Deficiency.

§  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,  judgment  may  be  docketed for the deficiency
  against any person liable therefor, who shall be  adjudged  to  pay  the
  same  in like manner and with like effect as in judgments for deficiency
  in foreclosure cases.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 59 - Vacating of a Mechanic's Lien; Cancellation of Bond; Return of Deposit, by Order of Court.

§  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 or a deposit made to discharge a lien pursuant  to
  section twenty may be returned, by an order of a court of record. Before
  such  order  shall be granted, a notice shall be served upon the lienor,
  either personally or by leaving it as his last known place of residence,
  with a person of suitable age, with directions  to  deliver  it  to  the
  lienor.  Such  notice  shall require the lienor to commence an action to
  enforce the lien, within a time specified in the notice, not  less  than
  thirty days from the time of service, or show cause at a special term of
  a  court  of  record,  or  at  a  county court, in a county in which the
  property is situated, at a time and place  specified  therein,  why  the
  notice  of  lien  filed  or  the  bond  given  should not be vacated and
  cancelled, or the deposit returned, as the case may be.  Proof  of  such
  service  and  that  the lienor has not commenced the action to foreclose
  such lien, as directed in the notice, shall be made by affidavit, at the
  time of applying for such order.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 60 - Judgment in Action to Foreclose Lien on Account of Public Improvement.

§  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 judgment directing the state or the  public  corporation  to  pay
  over to the lienors entitled thereto for work done or material furnished
  for  such  public  improvement,  to the extent of the sums found due the
  lienors from the contractors, so much of the funds or money which may be
  due from the state or public corporation  to  the  contractor,  as  will
  satisfy  such  liens,  with interest and costs, not exceeding the amount
  due to the contractor. If it appears in  any  proceeding  in  which  the
  state is a party that a claim has been or can be filed against the state
  in  the  court of claims, or if it is alleged upon the part of the state
  that the contractor has breached the contract, then the court may render
  judgment only to the extent of determining the establishment of the lien
  or liens, and the amount or amounts thereof.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 61 - Judgment in Action to Foreclose a Mechanic's Lien on Property of a Railroad Corporation.

§ 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 or the appurtenances of its railroad, the judgment
  shall not direct the sale of any of the real property described  in  the
  notice  of  the  lien,  but when in such case, a judgment is entered and
  docketed with the county clerk of the county where the notice of lien is
  filed, or a transcript thereof  is  filed  and  docketed  in  any  other
  county,  it  shall  be  a  lien  upon  the real property of the railroad
  corporation, against which it is  obtained,  to  the  same  extent,  and
  enforceable  in  like  manner  as  other  judgments  of courts of record
  against such corporation.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 62 - Bringing in New Parties.

§ 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 mechanic's lien against real property or a public improvement,
  may  at  any time up to and including the day preceding the day on which
  the trial of such action is commenced, make application upon  notice  to
  the  plaintiff  or  his  attorney  in  such  action,  to be made a party
  therein. Upon good cause shown, the court must order such lienor  to  be
  brought  in  by amendment. If the application is made by any other party
  in said action to make such lienor or other person a  party,  the  court
  may  in  its discretion direct such lienor or other person to be brought
  in by like amendment. The order to be entered on such application  shall
  provide  the  time  for  and  manner  of  serving  the  pleading of such
  additional lienor or other person and shall direct that  the  pleadings,
  papers  and  proceedings  of  the  other several parties in such action,
  shall be deemed amended, so as not to require the making or  serving  of
  papers  other  than  said  order to effectuate such amendment, and shall
  further provide that the allegations in the answer  of  such  additional
  lienor  or other person shall, for the purposes of the action, be deemed
  denied by the other parties therein. The action shall be so conducted by
  the court as not to cause substantially any delay in the trial  thereof.
  The  bringing  in  of  such  additional  lienor or other person shall be
  without prejudice to the proceedings had, and if the action  be  on  the
  calendar  of  the  court,  same  shall retain its place on such calendar
  without the necessity of serving a new note of issue and new notices  of
  trial.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 63 - Service of Answer on State or Public Corporation.

§  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  of  the
  complaint  on  him serve upon the state or public corporation, a copy of
  his answer When the city of New York is a party such  service  shall  be
  made on the corporation counsel.
2023 New York Laws › LIE - Lien › Article 3 - Enforcement of Liens on Real Property › 64 - Award of Personal Judgment by Court or Referee.

§  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 shall not preclude
  the rendition of other judgments in the  action.  Any  payment  made  on
  account  of either judgment in favor of a party shall be credited on the
  other judgment.
2023 New York Laws › LIE - Lien › Article 3-A - Definition and Enforcement of Trusts › 72 - Diversion of Trust Funds.

§  72. Diversion of trust funds. 1. Any transaction by which any trust
asset is paid, transferred or applied  for  any  purpose  other  than  a
purpose  of the trust as stated in subdivision one or subdivision two of
section seventy-one, before payment or discharge  of  all  trust  claims
with  respect  to  the trust, is a diversion of trust assets, whether or
not there are trust claims in existence at the time of the  transaction,
and  if  the  diversion occurs by the voluntary act of the trustee or by
his consent such act or consent is a breach of trust.
Nothing in this article affects the rights of a holder in  due  course
of a negotiable instrument or of a purchaser in good faith for value and
without notice that a transfer to him is a diversion of trust assets.
2.  Trust  assets shall not be levied upon or subject to a restraining
notice issued pursuant to section fifty-two hundred  twenty-two  of  the
civil practice law and rules as the individual property of the trustee.
3.  In  any  action or proceeding in which it is sought to apply trust
assets for a purpose other than a purpose of  the  trust  as  stated  in
subdivision one or subdivision two of section seventy-one
(a)  it  shall be the duty of the trustee, if he is a party, to defend
the trust against such application, and if he knows  of  the  action  or
proceeding  but  is  not  a  party, to make application for intervention
therein for the purpose of defending the trust;
(b) any beneficiary of the trust having a trust claim may intervene in
the action or proceeding to defend the trust against such application.
2023 New York Laws › LIE - Lien › Article 3-A - Definition and Enforcement of Trusts › 74 - Authority of Trustee in Administering Trust Funds.

§ 74. Authority of trustee in administering trust funds. 1. Subject to
  subdivisions two and three of this section, the trustee is authorized to
  determine  the  order  and  manner of payment of any trust claims and to
  apply any trust asset to any purpose of the trust.
2. The authority  of  the  trustee  provided  in  this  section  shall
  terminate  with  respect  to  any  trust assets as to which an order for
  distribution is made as provided in section seventy-seven and before the
  making of an order for distribution may  be  terminated  or  limited  by
  order   of   the   court   pursuant  to  subdivision  three  of  section
  seventy-seven.
3. This section does not limit the effect of any proceeding  or  order
  therein  by  which  jurisdiction of the trust assets, or any of them, is
  vested in a court or by which a particular application of any  asset  or
  of all trust assets is enforced or directed.