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Assembly Bill A10348

2025-2026 Legislative Session

Relates to the time during which to file a mechanic's lien

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Current Bill Status - In Assembly Committee

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2025-A10348 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §10, Lien L

2025-A10348 (ACTIVE) - Summary

Increases the period of time during which a mechanic's lien may be filed.

2025-A10348 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10348
 
                           I N  A S S E M B L Y
 
                             February 26, 2026
                                ___________
 
 Introduced by M. of A. WIEDER -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend the lien law, in relation to the time during which to
   file a mechanic's lien
 
   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 367 of the laws of 2011, 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]  EIGHTEEN
 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] TWELVE 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 materi-
 als  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 is to be made in installments, then a notice of lien may
 be filed within [eight] EIGHTEEN months after the final payment is  due,
 but in no event later than a date five years after the first payment was
 made.  For  purposes  of this section, the term "single family dwelling"
 shall not include a dwelling unit which is a part of a subdivision  that
 has  been  filed with a municipality in which the subdivision is located
 when at the time the lien is filed, such property in the subdivision  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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