ยง 44. Parties to an action in a court of record. In an action in a
court of record to enforce a lien against real property or a public
improvement, the following are necessary parties defendant:
1. All lienors having liens notices of which have been filed against
the same real property or public improvement, or any part thereof, prior
to the filing of the notice of lis pendens in such action, where by law
the filing of a notice of lis pendens is proper or required.
2. All persons having subsequent liens or claims against such real
property, by judgment, mortgage or otherwise, filed, docketed or
recorded prior to the filing of the notice of lis pendens, where by law
the filing of a notice of lis pendens is proper or required.
3. All persons appearing by the records in the office of the county
clerk or register to be owners of such real property or any part
thereof.
4. Where by law, a notice of lis pendens may not be filed in such
action, all lienors having liens notices of which have been filed
against the same real property, and all persons having subsequent liens
or claims against such real property, by judgment, mortgage or
otherwise.
5. Every defendant who is a lienor shall, by answer in the action, set
forth his lien, or he will be deemed to have waived the same, unless the
lien is admitted in the complaint, and not contested by another
defendant. The allegations is the answer of a defendant lienor shall be
deemed denied by the other lienors in said action without the necessity
of serving replies. Two or more lienors having liens notices of which
have been filed against the same real property or public improvement, or
any part thereof, may join as plaintiffs.
6. The state, when the lien is one filed against funds of the state
for which the public improvement is constructed or demolished. In such a
case, the summons must be served upon the attorney-general, who must
appear in behalf of the people.
Structure New York Laws
Article 3 - Enforcement of Liens on Real Property
41 - Enforcement of Mechanic's Lien on Real Property.
42 - Enforcement of a Lien Under Contract for a Public Improvement.
43 - Action in a Court of Record; Consolidation of Actions.
44 - Parties to an Action in a Court of Record.
44-A - Foreclosure of Mortgage; Lienors Defendants.
44-B - Necessary Parties; Lien Against Public or Private Improvement.
45 - Equities of Lienors to Be Determined.
46 - Action in a Court Not of Record.
47 - How Summons Served, When Personal Service Cannot Be Made.
48 - Proceedings on Return of Summons; Answer; Judgment by Default.
49 - Issue, How Tried; Judgment.
51 - Appeals From Judgments in Courts Not of Record.
52 - Transcrips of Judgments in Courts Not of Record.
54 - Judgment in Case of Failure to Establish Lien.
55 - Offer to Pay Money Into Court, or to Deposit Securities, in Discharge of the Lien.
56 - Preference Over Contractors.
57 - Judgment May Direct Delivery of Property in Lieu of Money.
59 - Vacating of a Mechanic's Lien; Cancellation of Bond; Return of Deposit, by Order of Court.
60 - Judgment in Action to Foreclose Lien on Account of Public Improvement.
61 - Judgment in Action to Foreclose a Mechanic's Lien on Property of a Railroad Corporation.
63 - Service of Answer on State or Public Corporation.