§ 25. Priority of liens and assignments under contracts for public\nimprovements. Parity of liens of same class. In an action to enforce a\nlien under a contract for a public improvement, or an assignment of\nmoneys, or any part thereof, due or to become due under such contract,\nparties having liens and parties having assignments unless such\nassignments be set aside as diversions of trust assets as provided in\narticle three-a of this chapter shall have priority as follows:\n (1). Except as provided in section five an assignee of moneys, or any\npart thereof, due or to become due under a contract for public\nimprovement, whose assignment is duly filed prior to the filing of a\nnotice of lien or assignment of every other party to the action, shall\nhave priority over those parties to t
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§ 25. Priority of liens and assignments under contracts for public\nimprovements. Parity of liens of same class. In an action to enforce a\nlien under a contract for a public improvement, or an assignment of\nmoneys, or any part thereof, due or to become due under such contract,\nparties having liens and parties having assignments unless such\nassignments be set aside as diversions of trust assets as provided in\narticle three-a of this chapter shall have priority as follows:\n (1). Except as provided in section five an assignee of moneys, or any\npart thereof, due or to become due under a contract for public\nimprovement, whose assignment is duly filed prior to the filing of a\nnotice of lien or assignment of every other party to the action, shall\nhave priority over those parties to the extent of advances made upon\nsuch assignment before the filing of the notice of lien or assignment\nnext subsequent to his assignment, but as to advances made subsequent to\na notice of lien or assignment filed and unsatisfied or not discharged\nsuch assignee for the purpose of determining his proportionate share of\nmoneys available for distribution as provided in subdivision four of\nthis section shall be treated as a lienor having a lien to the extent of\nadvances so made.\n (2) An assignee of moneys or any part thereof, due or to become due\nunder a contract for a public improvement whose assignment is duly filed\nsubsequent to the filing of the notice of lien or assignment of any\nother party shall for the purpose of determining his proportionate share\nof moneys available for distribution, as provided in subdivision four of\nthis section be treated as a lienor having a lien to the extent of\nadvances actually made upon such assignment prior to the filing thereof.\n (3) Laborers for daily or weekly wages having liens under a contract\nfor a public improvement, shall have preference as a class for the full\namount of their unpaid wages over all other lienors having liens arising\nunder the same contract and without reference to the time when such\nlaborers shall have filed their notices of liens.\n (4) There shall be no priority among labor lienors, as a class or\namong other lienors as a class, and any moneys available for\ndistribution among lienors of any class shall be distributed pro rata in\naccordance with their respective valid liens.\n (5) Every assignment of moneys, or any part thereof, due or to become\ndue under a contract for a public improvement shall contain a covenant\nby the assignor that he will receive any moneys advanced thereunder by\nthe assignee and will hold the right to receive such moneys as a trust\nfund to be first applied to the payment of trust claims as defined in\nsection seventy-one of the lien law, and that he will apply the same to\nsuch payments only, before using any part of the moneys for any other\npurpose.\n