New York · statute · N.Y. Lien Law · 190 active provisions
LIEN LAW LAWS 1909, CHAP. 38. AN ACT in relation to liens, constituting chapter thirty-three of the consolidated laws. Became a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAP…
ARTICLE 1 SHORT TITLE; DEFINITIONS Section 1. Short title. 2. Definitions.
§ 1. Short title. This chapter shall be known as the "lien law."
§ 2. Definitions. 1. Lienor. The term "lienor," when used in this chapter, means any person having a lien upon property by virtue of its provisions, and includes his successor in interest. 2. Real property. The term "real property," when used in this chapter, includes real estate, lands, tenements and hereditaments, co…
ARTICLE 2 MECHANICS' LIENS Section 3. Mechanic's lien on real property. 4. Extent of lien. 4-a. Insurance proceeds liable for demands. Owner, contractor or subcontractor diverting proceeds, guilty of larceny. 5. Liens under contracts for public improvements. 6. Liens for labor on railroads. 7. Liability for advance pay…
§ 3. Mechanic's lien on real property. A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property with the consent o…
§ 4. Extent of lien. (1) Such lien shall extend to the owner's right, title or interest in the real property and improvements, existing at the time of filing the notice of lien, or thereafter acquired, except as hereinafter in this article provided. If an owner assigns his interest in such real property by a general as…
§ 4-a. Insurance proceeds liable for demands. Owner, contractor or subcontractor diverting proceeds, guilty of larceny. The proceeds of any insurance which by the terms of the policy are payable to the owner of real property improved, and actually received or to be received by him because of the destruction or removal…
§ 5. Liens under contracts for public improvements. A person performing labor for or furnishing materials to a contractor, his or her subcontractor or legal representative, for the construction or demolition of a public improvement pursuant to a contract by such contractor with the state or a public corporation, and an…
§ 6. Liens for labor on railroads. Any person who shall hereafter perform any labor for a railroad corporation shall have a lien for the value of such labor upon the railroad track, rolling-stock and appurtenances of such railroad corporation and upon the land upon which such railroad track and appurtenances are situat…
§ 7. Liability for advance payments, collusive mortgages and incumbrances. Any payment by the owner, contractor or subcontractor upon a contract for the improvement of real property, made prior to the time when, by the terms of the contract, such payment becomes due, for the purpose of avoiding the provisions of this a…
§ 8. Terms of contract may be demanded. A statement of the terms of a contract made between an owner and a contractor, pursuant to which an improvement of real property is being made, and, of the amount due or to become due thereon shall be furnished upon demand in writing by the owner, or his duly authorized agent, to…
§ 9. Contents of notice of lien. The notice of lien shall state: 1. The name and residence of the lienor; and if the lienor is a partnership or a corporation, the business address of such firm, or corporation, the names of partners and principal place of business, and if a foreign corporation, its principal place of bu…
§ 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…
§ 11. Service of copy of notice of lien. Within five days before or thirty days after filing the notice of lien, the lienor shall serve a copy of such notice upon the owner, if a natural person, (a) by delivering the same to him personally, or if the owner cannot be found, to his agent or attorney, or (b) by leaving it…
§ 11-a. Notice of completion and acceptance may be demanded. 1. At any time before the construction or demolition of a public improvement is completed and accepted by the state or any political subdivision thereof, or by a public corporation or within thirty days thereof a person performing work for or furnishing mater…
§ 11-b. Copy of notice of lien to a contractor or subcontractor. Within five days before or thirty days after filing a notice of lien in accordance with section ten of this chapter or the filing of an amendment of notice of lien in accordance with section twelve-a of this chapter the lienor shall serve a copy of such n…
§ 11-c. Copy of notice of lien to a contractor or subcontractor with respect to public improvements liens. Within five days before or simultaneously with filing a notice of lien in accordance with section twelve of this chapter or the filing of an amendment of a notice of lien in accordance with section twelve-a of thi…
§ 12. Notice of lien on account of public improvements. At any time before the construction or demolition of a public improvement is completed and accepted by the state or by the public corporation, and within thirty days after such completion and acceptance, a person performing work for or furnishing materials to a co…
§ 12-a. Amendment. 1. Within sixty days after the original filing, a lienor may amend his lien upon twenty days notice to existing lienors, mortgagees and the owner, provided that no action or proceeding to enforce or cancel the mechanics' lien has been brought in the interim, where the purpose of the amendment is to r…
13. Priority of liens. (1) A lien for materials furnished or labor performed in the improvement of real property shall have priority over a conveyance, mortgage, judgment or other claim against such property not recorded, docketed or filed at the time of the filing of the notice of such lien, except as hereinafter in t…
§ 14. Assignment of lien. A lien, filed as prescribed in this article, may be assigned by a written instrument signed and acknowledged by the lienor, at any time before the discharge thereof. Such assignment shall contain the names and places of residence of the assignor and assignee, the amount of the lien and the dat…
§ 15. Assignments of contracts and orders to be filed. 1. No assignment of one or more contracts for the performance of labor or the furnishing of materials for the improvement of real property or of the money or any part thereof due or to become due therefor, nor an order drawn by a contractor upon the owner of such r…
§ 16. Assignment of contracts and orders for public improvement to be filed. No assignment of a contract for the performance of labor or the furnishing of materials for a public improvement, or of the money, or any part thereof, due, or to become due, therefor, nor an order drawn by the contractor or sub-contractor upo…
§ 17. Duration of lien. No lien specified in this article shall be a lien for a longer period than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, and a notice of the pendency of such action, whether in a court of record or in a court not of record…