ยง 17. Duration of lien. No lien specified in this article shall be a
lien for a longer period than one year after the notice of lien has been
filed, unless within that time an action is commenced to foreclose the
lien, and a notice of the pendency of such action, whether in a court of
record or in a court not of record, is filed with the county clerk of
the county in which the notice of lien is filed, containing the names of
the parties to the action, the object of the action, a brief description
of the real property affected thereby, and the time of filing the notice
of lien; or unless an extension to such lien, except for a lien on real
property improved or to be improved with a single family dwelling, is
filed with the county clerk of the county in which the notice of lien is
filed within one year from the filing of the original notice of lien,
continuing such lien and such lien shall be redocketed as of the date of
filing such extension. Such extension shall contain the names of the
lienor and the owner of the real property against whose interest therein
such lien is claimed, a brief description of the real property affected
by such lien, the amount of such lien, and the date of filing the notice
of lien. No lien shall be continued by such extension for more than one
year from the filing thereof. In the event an action is not commenced to
foreclose the lien within such extended period, such lien shall be
extinguished unless an order be granted by a court of record or a judge
or justice thereof, continuing such lien, and such lien shall be
redocketed as of the date of granting such order and a statement made
that such lien is continued by virtue of such order. A lien on real
property improved or to be improved with a single family dwelling may
only be extended by an order of a court of record, or a judge or justice
thereof. No lien shall be continued by court order for more than one
year from the granting thereof, but a new order and entry may be made in
each of two successive years. If a lienor is made a party defendant in
an action to enforce another lien, and the plaintiff or such defendant
has filed a notice of the pendency of the action within the time
prescribed in this section, the lien of such defendant is thereby
continued. Such action shall be deemed an action to enforce the lien of
such defendant lienor. The failure to file a notice of pendency of
action shall not abate the action as to any person liable for the
payment of the debt specified in the notice of lien, and the action may
be prosecuted to judgment against such person. The provisions of this
section in regard to continuing liens shall apply to liens discharged by
deposit or by order on the filing of an undertaking. Where a lien is
discharged by deposit or by order, a notice of pendency of action shall
not be filed.
A lien, the duration of which has been extended by the filing of a
notice of the pendency of an action as above provided, shall
nevertheless terminate as a lien after such notice has been canceled as
provided in section sixty-five hundred fourteen of the civil practice
law and rules or has ceased to be effective as constructive notice as
provided in section sixty-five hundred thirteen of the civil practice
law and rules.
Structure New York Laws
3 - Mechanic's Lien on Real Property.
4-A - Insurance Proceeds Liable for Demands.
5 - Liens Under Contracts for Public Improvements.
6 - Liens for Labor on Railroads.
7 - Liability for Advance Payments, Collusive Mortgages and Incumbrances.
8 - Terms of Contract May Be Demanded.
9 - Contents of Notice of Lien.
10 - Filing of Notice of Lien.
11 - Service of Copy of Notice of Lien.
11-A - Notice of Completion and Acceptance May Be Demanded.
11-B - Copy of Notice of Lien to a Contractor or Subcontractor.
12 - Notice of Lien on Account of Public Improvements.
15 - Assignments of Contracts and Orders to Be Filed.
16 - Assignment of Contracts and Orders for Public Improvement to Be Filed.
18 - Duration of Lien Under Contract for a Public Improvement.
19 - Discharge of Lien for Private Improvement.
20 - Discharge of Lien After Notice of Lien Filed by Payment of Money Into Court.
21 - Discharge of Lien for Public Improvement.
21-A - Vacating Lien for a Public Improvement, by Order of Court.
24 - Enforcement of Mechanic's Lien.
25 - Priority of Liens and Assignments Under Contracts for Public Improvements.
26 - Subordination of Liens After Agreement With Owner.
28 - Lien of Certain Judgments Postponed.
29 - Subordination of Liens to Subsequent Mortgage.
30 - Subordination of Notices of Lis Pendens.
31 - Discharge of Liens on Sale of Real Property.
32 - Certain Liens and Claims Not to Be Affected.
33 - Certain Sections Not to Apply to Laborers' Liens.
35 - Waiver of Arbitration; Arbitrators' Award Conclusive.
37 - Bond to Discharge All Liens.
38 - Itemized Statement May Be Required of Lienor.
39 - Lien Wilfully Exaggerated Is Void.
39-A - Liability of Lienor Where Lien Has Been Declared Void on Account of Wilful Exaggeration.