ยง 46. Action in a court not of record. If an action to enforce a
mechanic's lien against real property is brought in a court not of
record, it shall be commenced by the personal service upon the owner of
a summons and complaint verified in the same manner as a complaint in an
action in a court of record. The complaint must set forth substantially
the facts contained in the notice of lien, and the substance of the
agreement under which the labor was performed or the materials were
furnished. The form and contents of the summons shall be the same as
provided by law for the commencement of an action upon a contract in
such court. The summons must be returnable not less than twelve nor more
than twenty days after the date of the summons, or if service is made by
publication, after the day of the last publication of the summons.
Service must be made at least eight days before the return day.
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.