§ 40. Construction of article. This article is to be construed in connection with article two of this chapter, and provides proceedings for the enforcement of liens for labor performed and materials furnished in the improvement of real property, created by virtue of such article.
§ 41. Enforcement of mechanic’s lien on real property. A mechanic’s lien on real property may be enforced against such property, and against a person liable for the debt upon which the lien is founded, by an action, by the lienor, his assignee or legal representative, in the supreme court or in a county court […]
§ 42. Enforcement of a lien under contract for a public improvement. A lien for labor done or materials furnished for a public improvement may be enforced against the funds of the state or the public corporation for which such public improvement is constructed or demolished, to the extent prescribed in article two of this […]
§ 43. Action in a court of record; consolidation of actions. The provisions of the real property actions and proceedings law relating to actions for the foreclosure of a mortgage upon real property, and the sale and the distribution of the proceeds thereof apply to actions in a court of record, to enforce mechanics’ liens […]
§ 44. Parties to an action in a court of record. In an action in a court of record to enforce a lien against real property or a public improvement, the following are necessary parties defendant: 1. All lienors having liens notices of which have been filed against the same real property or public improvement, […]
§ 44-a. Foreclosure of mortgage; lienors defendants. In an action to foreclose a mortgage upon such real property only such persons who shall have filed notices of lien prior to the filing of the notice of lis pendens in such action shall be deemed to be necessary parties to such action.
§ 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. 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. 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. 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. 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. 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. 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 […]
§ 51. Appeals from judgments in courts not of record. An appeal may be taken from such judgment rendered in a court not of record, according to the provisions of law regulating appeals from judgments in actions on contract in such courts.
§ 52. Transcrips of judgments in courts not of record. When a judgment is rendered in a court not of record, the justice or judge of the court in which it is tried, or other person authorized to furnish transcripts of judgments therein, shall furnish the successful party a transcript thereof, which he may file […]
§ 53. Costs and disbursements. If an action is brought to enforce a mechanic’s lien against real property in a court of record, the costs and disbursements shall rest in the discretion of the court, and may be awarded to the prevailing party. The judgment rendered in such an action shall include the amount of […]
§ 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. 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 […]
§ 56. Preference over contractors. When a laborer, subcontractor or material man shall perform labor or furnish materials for an improvement of real property or for a public improvement, for which he is entitled to a mechanic’s lien, the amount due to him shall be paid out of the proceeds of the sale of such […]
§ 57. Judgment may direct delivery of property in lieu of money. If the owner has agreed to deliver bills, notes, securities or other obligations or any other species of property, in payment of the debt upon which the lien is based, the judgment may direct that such substitute be delivered or deposited as the […]
