2013 New York Consolidated Laws
LIE - Lien
Article 2 - (3 - 39-C) MECHANICS' LIENS
18 - Duration of lien under contract for a public improvement.


NY Lien L § 18 (2012) What's This?
 
    § 18. Duration of lien under contract for a public improvement. If the
  lien  is for labor done or materials furnished for a public improvement,
  it shall not continue for a longer period than one year from the time of
  filing the notice of  such  lien,  unless  an  action  is  commenced  to
  foreclose  such  lien  within that time, and a notice of the pendency of
  such action is filed with the comptroller of the state or the  financial
  officer  of the public corporation with whom the notice of such lien was
  filed; or unless an extension to such lien is filed with the comptroller
  of the state or the financial officer of  the  public  corporation  with
  whom  the  notice of such lien was 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  contractor  or
  subcontractor for whom the labor was performed or materials furnished, a
  description of the public improvement upon which the labor was performed
  and materials expended, the amount of such lien, and  the  date  of  the
  filing  of  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
  a  new  docket  be made stating such fact. No lien shall be continued by
  such 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
  be  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. The provision of this section in  regard
  to  continuing  liens  shall  apply to liens discharged by deposit or by
  order on the filing of an undertaking. This section is  hereby  declared
  to  be a remedial statute and is to be construed liberally to secure the
  beneficial interests and purposes thereof.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.