Assembly Bill A10682

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10682
 
                           I N  A S S E M B L Y
 
                              March 20, 2026
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend the lien law, in relation to the extended duration of
   certain mechanic's liens
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section   1.  Section 17 of the lien law, as amended by chapter 324 of
 the laws of 2000, is  amended to read as follows:
   § 17. Duration of lien. 1. No lien specified in this article shall  be
 a  lien  for  a longer period than one year after the notice of lien has
 been filed, unless within that time an action is commenced to  foreclose
 the  lien,  and  a  notice  of the pendency of such action, whether in a
 court of record or in a court not of record, is filed  with  the  county
 clerk of the county in which the notice of lien is filed, containing the
 names  of  the  parties to the action, the object of the action, a brief
 description of the real property  affected  thereby,  and  the  time  of
 filing  the  notice of lien; or unless an extension to such lien, except
 for a lien on real property improved or to be  improved  with  a  single
 family  dwelling,  is filed with the county clerk of the county in which
 the notice of lien is filed within one  year  from  the  filing  of  the
 original  notice  of  lien,  continuing such lien and such lien shall be
 redocketed as of the date of filing such extension. Such extension shall
 contain the names of the lienor and  the  owner  of  the  real  property
 against whose interest therein such lien is claimed, a brief description
 of the real property affected by such lien, the amount of such lien, and
 the  date  of  filing  the notice of lien. No lien shall be continued by
 such extension for more than one year from the filing  thereof.  In  the
 event  an  action  is  not  commenced  to foreclose the lien within such
 extended period, such lien shall be  extinguished  unless  an  order  be
 granted  by  a court of record or a judge or justice thereof, continuing
 such lien, and such lien shall be redocketed as of the date of  granting
 such order and a statement made that such lien is continued by virtue of
 such  order.  A  lien on real property improved or to be improved with a
 single family dwelling may only be extended by an order of  a  court  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15267-01-6
 A. 10682                            2
 
 record,  or  a  judge  or justice thereof. No lien shall be continued by
 court order for more than one year from the granting thereof, but a  new
 order and entry may be made in each of two successive years. If a lienor
 is  made a party defendant in an action to enforce another lien, and the
 plaintiff or such defendant has filed a notice of the  pendency  of  the
 action  within  the  time  prescribed  in this section, the lien of such
 defendant is thereby continued. Such action shall be deemed an action to
 enforce the lien of such defendant lienor. The failure to file a  notice
 of pendency of action shall not abate the action as to any person liable
 for  the  payment  of  the debt specified in the notice of lien, and the
 action may be prosecuted to judgment against such person. The provisions
 of this section in regard to  continuing  liens  shall  apply  to  liens
 discharged by deposit or by order on the filing of an undertaking. Where
 a  lien  is  discharged  by deposit or by order, a notice of pendency of
 action shall not be filed.
   2. A lien, the duration of which has been extended by the filing of  a
 notice  of  the pendency of an action as above provided, shall neverthe-
 less terminate as a lien after such notice has been canceled as provided
 in section sixty-five hundred fourteen of the  civil  practice  law  and
 rules  or  has ceased to be effective as constructive notice as provided
 in section sixty-five hundred thirteen of the  civil  practice  law  and
 rules.
   3.  WHERE A LIEN HAS BEEN DISCHARGED BY DEPOSIT, UNDERTAKING OR ORDER,
 SUCH LIEN SHALL BE EXTENDED AND CONTINUE IN FORCE AND EFFECT  FOR  THREE
 YEARS  FROM  THE EARLIER OF THE DATE OF COMMENCEMENT OF (A) AN ACTION TO
 FORECLOSE OR ENFORCE SUCH LIEN,  OR  (B)  THE  ACTION  TO  FORECLOSE  OR
 ENFORCE  ANY  OTHER LIEN WHICH NAMES SUCH LIENOR AS A DEFENDANT PURSUANT
 TO SECTION FORTY-FOUR OF THIS CHAPTER; SUCH LIEN SHALL BE SUBJECT TO ALL
 REQUIREMENTS AND PROVISIONS  OF  LAW  WITH  RESPECT  TO  FORECLOSURE  OR
 ENFORCEMENT  OF  A  MECHANIC'S  LIEN.  THE  PROVISION OF THIS SECTION IN
 REGARD TO CONTINUING LIENS SHALL APPLY TO LIENS DISCHARGED BY DEPOSIT OR
 BY ORDER ON THE FILING OF AN  UNDERTAKING.  SUCH  LIEN  MAY  BE  FURTHER
 EXTENDED  BY  COURT  ORDER,  IN  ACCORDANCE  WITH  ALL PROVISIONS OF LAW
 GOVERNING EXTENSION OF A NOTICE OF PENDENCY,  INCLUDING  SECTION  SIXTY-
 FIVE  HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES WITHOUT LIMI-
 TATION AS TO THE NUMBER OF APPLICATIONS FOR OR  COURT  ORDERS  EXTENDING
 SUCH LIEN, DURING THE PENDENCY OF THE FORECLOSURE OR ENFORCEMENT ACTION.
 THIS  SECTION  IS  HEREBY DECLARED TO BE A REMEDIAL STATUTE AND IS TO BE
 CONSTRUED LIBERALLY TO SECURE  THE  BENEFICIAL  INTERESTS  AND  PURPOSES
 THEREOF.
   § 2. This act shall take effect immediately.