§ 46 — Action in a court not of record

New York § 46

• Jurisdiction: New York
• Law LIE: Lien
• Art. 3: Enforcement of Liens On Real Property

Text

§ 46. Action in a court not of record. If an action to enforce a\nmechanic's lien against real property is brought in a court not of\nrecord, it shall be commenced by the personal service upon the owner of\na summons and complaint verified in the same manner as a complaint in an\naction in a court of record. The complaint must set forth substantially\nthe facts contained in the notice of lien, and the substance of the\nagreement under which the labor was performed or the materials were\nfurnished. The form and contents of the summons shall be the same as\nprovided by law for the commencement of an action upon a contract in\nsuch court. The summons must be returnable not less than twelve nor more\nthan twenty days after the date of the summons, or if service is made by\npublication, after the day of the last publication of the summons.\nService must be made at least eight days before the return day.\n