Construction of article
Source:
Section 40 — Construction of article, https://www.nysenate.gov/legislation/laws/LIE/40 (updated Sep. 22, 2014; accessed Feb. 21, 2026).
40
Construction of article 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 44
Parties to an action in a court of record 44–A
Foreclosure of mortgage 44–B
Necessary parties 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 49
Issue, how tried 50
Execution 51
Appeals from judgments in courts not of record 52
Transcrips of judgments in courts not of record 53
Costs and disbursements 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 58
Judgment for deficiency 59
Vacating of a mechanic’s lien 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 62
Bringing in new parties 63
Service of answer on state or public corporation 64
Award of personal judgment by court or referee 65
Arrears/past due support
Construction of article 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 44
Parties to an action in a court of record 44–A
Foreclosure of mortgage 44–B
Necessary parties 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 49
Issue, how tried 50
Execution 51
Appeals from judgments in courts not of record 52
Transcrips of judgments in courts not of record 53
Costs and disbursements 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 58
Judgment for deficiency 59
Vacating of a mechanic’s lien 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 62
Bringing in new parties 63
Service of answer on state or public corporation 64
Award of personal judgment by court or referee 65
Arrears/past due support
