2013 New York Consolidated Laws
LIE - Lien
Article 2 - (3 - 39-C) MECHANICS' LIENS
17 - Duration of lien.


NY Lien L § 17 (2012) What's This?
 
    §  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, is filed with the county clerk of
  the county in which the notice of lien is filed, containing the names of
  the parties to the action, the object of the action, a brief description
  of the real property affected thereby, and the time of filing the notice
  of lien; or unless an extension to such lien, except for a lien on  real
  property  improved  or  to be improved with a single family dwelling, is
  filed with the county clerk of the county in which the notice of lien is
  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 owner of the real property against whose interest therein
  such lien is claimed, a brief description of the real property  affected
  by such lien, the amount of such lien, and the date of filing 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  such  lien  shall  be
  redocketed  as  of  the date of granting such order and a statement made
  that such lien is continued by virtue of such  order.  A  lien  on  real
  property  improved  or  to be improved with a single family dwelling may
  only be extended by an order of a court of record, or a judge or justice
  thereof. No lien shall be continued by court 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 is 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.  Such action shall be deemed an action to enforce the lien of
  such defendant lienor. The failure to  file  a  notice  of  pendency  of
  action  shall  not  abate  the  action  as  to any person liable for the
  payment of the debt specified in the notice of lien, and the action  may
  be  prosecuted  to  judgment against such person. The provisions of this
  section in regard to continuing liens shall apply to liens discharged by
  deposit or by order on the filing of an undertaking.  Where  a  lien  is
  discharged  by deposit or by order, a notice of pendency of action shall
  not be filed.
    A lien, the duration of which has been extended by  the  filing  of  a
  notice   of   the  pendency  of  an  action  as  above  provided,  shall
  nevertheless terminate as a lien after such notice has been canceled  as
  provided  in  section  sixty-five hundred fourteen of the civil practice
  law and rules or has ceased to be effective as  constructive  notice  as
  provided  in  section  sixty-five hundred thirteen of the civil practice
  law and rules.

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