New York General Obligations Law
Sec.
§
5-322.3
Payment Bonds to Be Filed
A copy of any payment bond executed in connection with a contract for the improvement of real property other than a contract for a public improvement, shall be filed within thirty days of such execution by the owner of the improvement in the office of the county clerk in the county in which the improvement is to be undertaken; provided, however, that such filing shall be required only where the contract for the improvement of real property is for an amount in excess of one hundred thousand dollars. Any owner failing to file such payment bond as provided herein shall be liable for the reasonable attorney’s fees, as determined by the court, of any claimant successfully bringing an action or proceeding on the bond.