ยง 48. Proceedings on return of summons; answer; judgment by default.
At the time and place specified in the summons for the return thereof,
in a court not of record, issue must be joined, if both parties appear,
by the defendant filing with the justice a verified answer, containing a
general denial of each allegation of the complaint, or a specific denial
of one or more of the material allegations thereof; or any other matter
constituting a defense to the lien or to the claim upon which it is
founded. If the defendant fail to appear on the return-day, on proof by
affidavit of the service of the summons and complaint, judgment may be
rendered for the amount claimed, with costs.
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.