63 – Service of Answer on State or Public Corporation.
§ 63. Service of answer on state or public corporation. In an action to foreclose a lien for a public improvement each defendant named in the original summons shall within forty days after the service of the complaint on him serve upon the state or public corporation, a copy of his answer When the city […]
54 – Judgment in Case of Failure to Establish Lien.
§ 54. Judgment in case of failure to establish lien. If the lienor shall fail, for any reason, to establish a valid lien in an action under the provisions of this article, he may recover judgment therein for such sums as are due him, or which he might recover in an action on a contract, […]
55 – Offer to Pay Money Into Court, or to Deposit Securities, in Discharge of the Lien.
§ 55. Offer to pay money into court, or to deposit securities, in discharge of the lien. At any time after an action is brought under the provision of this article, the owner may make and file with the clerk with whom the notice of lien is filed, if in a court of record, and […]
44-B – Necessary Parties; Lien Against Public or Private Improvement.
§ 44-b. Necessary parties; lien against public or private improvement. Notwithstanding any inconsistent provision of section forty-four of this article, any private owner or the state or a public corporation with which a notice of lien is filed shall not be a necessary party defendant in an action to enforce the lien if, either before […]
45 – Equities of Lienors to Be Determined.
§ 45. Equities of lienors to be determined. The court may adjust and determine the equities of all the parties to the action and the order of priority of different liens, and determine all issues raised by any defense or counterclaim in the action. But in no case shall the court determine any issue between […]
46 – Action in a Court Not of Record.
§ 46. Action in a court not of record. If an action to enforce a mechanic’s lien against real property is brought in a court not of record, it shall be commenced by the personal service upon the owner of a summons and complaint verified in the same manner as a complaint in an action […]
47 – How Summons Served, When Personal Service Cannot Be Made.
§ 47. How summons served, when personal service cannot be made. If personal service of the summons cannot be made upon a defendant in an action in a court not of record, by reason of his absence from the state, or his concealment therein, such service may be made by leaving a copy thereof at […]
48 – Proceedings on Return of Summons; Answer; Judgment by Default.
§ 48. Proceedings on return of summons; answer; judgment by default. At the time and place specified in the summons for the return thereof, in a court not of record, issue must be joined, if both parties appear, by the defendant filing with the justice a verified answer, containing a general denial of each allegation […]
49 – Issue, How Tried; Judgment.
§ 49. Issue, how tried; judgment. If issue is joined in such action in a court not of record, it must be tried in the same manner as other issues in such court, and judgment entered thereon, which shall be enforced, if for the plaintiff, in the manner provided in the following section. If for […]
50 – Execution.
§ 50. Execution. Execution may be issued upon a judgment obtained in an action to enforce a mechanic’s lien against real property in a court not of record, which shall direct the officer to sell the title and interest of the owner in the premises, upon which the lien set forth in the complaint existed […]