2013 New York Consolidated Laws
LIE - Lien
Article 2 - (3 - 39-C) 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.