Senate Bill S3179

Signed By Governor
2011-2012 Legislative Session

Relates to lien filings for retainage

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5022 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S3179 (ACTIVE) - Details

See Assembly Version of this Bill:
A5022
Law Section:
Lien Law
Laws Affected:
Amd §10, Lien L
Versions Introduced in 2009-2010 Legislative Session:
S6769, A9850

2011-S3179 (ACTIVE) - Summary

Provides that where the notice of lien is for retainage, the notice of lien may be filed within ninety days after the date the retainage was due to be released.

2011-S3179 (ACTIVE) - Sponsor Memo

2011-S3179 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3179                                                  A. 5022

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 10, 2011
                               ___________

IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

IN  ASSEMBLY -- Introduced by M. of A. CUSICK, CASTRO -- Multi-Sponsored
  by -- M. of A. BOYLAND, GUNTHER, MAYERSOHN -- read once  and  referred
  to the Committee on Judiciary

AN ACT to amend the lien law, in relation to lien filings for retainage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 10 of the lien law, as amended  by
chapter 288 of the laws of 2000, is amended to read as follows:
  1.  Notice of lien may be filed at any time during the progress of the
work and the furnishing of the materials, or, within eight months  after
the completion of the contract, or the final performance of the work, or
the final furnishing of the materials, dating from the last item of work
performed  or  materials  furnished;  provided,  however, that where the
improvement is related to real property improved or to be improved  with
a  single  family  dwelling, the notice of lien may be filed at any time
during the progress of the work and the furnishing of the materials, or,
within four months after the completion of the contract,  or  the  final
performance  of  the  work,  or  the  final furnishing of the materials,
dating from the last item of work performed or materials furnished;  AND
PROVIDED  FURTHER  WHERE THE NOTICE OF LIEN IS FOR RETAINAGE, THE NOTICE
OF LIEN MAY BE FILED WITHIN NINETY DAYS AFTER THE DATE THE RETAINAGE WAS
DUE TO BE RELEASED; except that in the case of a lien by a  real  estate
broker,  the  notice  of lien may be filed only after the performance of
the brokerage services and execution of lease by both lessor and  lessee
and  only  if  a  copy of the alleged written agreement of employment or
compensation is annexed to the notice of lien, provided that  where  the
payment  pursuant to the written agreement of employment or compensation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00564-01-1
              

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