§ 17 — Duration of lien

New York § 17

• Jurisdiction: New York
• Law LIE: Lien
• Art. 2: Mechanics' Liens

Text

§ 17. Duration of lien. No lien specified in this article shall be a\nlien for a longer period than one year after the notice of lien has been\nfiled, unless within that time an action is commenced to foreclose the\nlien, and a notice of the pendency of such action, whether in a court of\nrecord or in a court not of record, is filed with the county clerk of\nthe county in which the notice of lien is filed, containing the names of\nthe parties to the action, the object of the action, a brief description\nof the real property affected thereby, and the time of filing the notice\nof lien; or unless an extension to such lien, except for a lien on real\nproperty improved or to be improved with a single family dwelling, is\nfiled with the county clerk of the county in which the notice of lien is\nfiled within one year from the filing of the original notice of lien,\ncontinuing such lien and such lien shall be redocketed as of the date of\nfiling such extension. Such extension shall contain the names of the\nlienor and the owner of the real property against whose interest therein\nsuch lien is claimed, a brief description of the real property affected\nby such lien, the amount of such lien, and the date of filing the notice\nof lien. No lien shall be continued by such extension for more than one\nyear from the filing thereof. In the event an action is not commenced to\nforeclose the lien within such extended period, such lien shall be\nextinguished unless an order be granted by a court of record or a judge\nor justice thereof, continuing such lien, and such lien shall be\nredocketed as of the date of granting such order and a statement made\nthat such lien is continued by virtue of such order. A lien on real\nproperty improved or to be improved with a single family dwelling may\nonly be extended by an order of a court of record, or a judge or justice\nthereof. No lien shall be continued by court order for more than one\nyear from the granting thereof, but a new order and entry may be made in\neach of two successive years. If a lienor is made a party defendant in\nan action to enforce another lien, and the plaintiff or such defendant\nhas filed a notice of the pendency of the action within the time\nprescribed in this section, the lien of such defendant is thereby\ncontinued. Such action shall be deemed an action to enforce the lien of\nsuch defendant lienor. The failure to file a notice of pendency of\naction shall not abate the action as to any person liable for the\npayment of the debt specified in the notice of lien, and the action may\nbe prosecuted to judgment against such person. The provisions of this\nsection in regard to continuing liens shall apply to liens discharged by\ndeposit or by order on the filing of an undertaking. Where a lien is\ndischarged by deposit or by order, a notice of pendency of action shall\nnot be filed.\n A lien, the duration of which has been extended by the filing of a\nnotice of the pendency of an action as above provided, shall\nnevertheless terminate as a lien after such notice has been canceled as\nprovided in section sixty-five hundred fourteen of the civil practice\nlaw and rules or has ceased to be effective as constructive notice as\nprovided in section sixty-five hundred thirteen of the civil practice\nlaw and rules.\n