2006 New York Code - Necessary Parties; Lien Against Public Improvement.

 
    §   44-b.   Necessary   parties;   lien  against  public  improvement.
  Notwithstanding any inconsistent provision of section forty-four of this
  article, the state or a public corporation with which a notice  of  lien
  against  a  public  improvement  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 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.