2006 New York Code - Payment Bonds To Be Filed.

    § 5-322.3. Payment  bonds  to  be  filed.  A  copy of any payment bond
  executed in connection with a  contract  for  the  improvement  of  real
  property  other than a contract for a public improvement, shall be filed
  within thirty days of such execution by the owner of the improvement  in
  the office of the county clerk in the county in which the improvement is
  to  be undertaken; provided, however, that such filing shall be required
  only where the contract for the improvement of real property is  for  an
  amount  in  excess of one hundred thousand dollars. Any owner failing to
  file such payment bond as  provided  herein  shall  be  liable  for  the
  reasonable  attorney's fees, as determined by the court, of any claimant
  successfully bringing an action or proceeding on the bond.

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