This text of New York § 62 (Bringing in new parties) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 62. Bringing in new parties. A lienor who has filed a notice of lien\nafter the commencement of an action in a court of record to foreclose or\nenforce a mechanic's lien against real property or a public improvement,\nmay at any time up to and including the day preceding the day on which\nthe trial of such action is commenced, make application upon notice to\nthe plaintiff or his attorney in such action, to be made a party\ntherein. Upon good cause shown, the court must order such lienor to be\nbrought in by amendment. If the application is made by any other party\nin said action to make such lienor or other person a party, the court\nmay in its discretion direct such lienor or other person to be brought\nin by like amendment. The order to be entered on such application shall\nprovide
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§ 62. Bringing in new parties. A lienor who has filed a notice of lien\nafter the commencement of an action in a court of record to foreclose or\nenforce a mechanic's lien against real property or a public improvement,\nmay at any time up to and including the day preceding the day on which\nthe trial of such action is commenced, make application upon notice to\nthe plaintiff or his attorney in such action, to be made a party\ntherein. Upon good cause shown, the court must order such lienor to be\nbrought in by amendment. If the application is made by any other party\nin said action to make such lienor or other person a party, the court\nmay in its discretion direct such lienor or other person to be brought\nin by like amendment. The order to be entered on such application shall\nprovide the time for and manner of serving the pleading of such\nadditional lienor or other person and shall direct that the pleadings,\npapers and proceedings of the other several parties in such action,\nshall be deemed amended, so as not to require the making or serving of\npapers other than said order to effectuate such amendment, and shall\nfurther provide that the allegations in the answer of such additional\nlienor or other person shall, for the purposes of the action, be deemed\ndenied by the other parties therein. The action shall be so conducted by\nthe court as not to cause substantially any delay in the trial thereof.\nThe bringing in of such additional lienor or other person shall be\nwithout prejudice to the proceedings had, and if the action be on the\ncalendar of the court, same shall retain its place on such calendar\nwithout the necessity of serving a new note of issue and new notices of\ntrial.\n