N.Y. Lien Law Section 44
Parties to an action in a court of record

In an action in a court of record to enforce a lien against real property or a public improvement, the following are necessary parties defendant:

1.

All lienors having liens notices of which have been filed against the same real property or public improvement, or any part thereof, prior to the filing of the notice of lis pendens in such action, where by law the filing of a notice of lis pendens is proper or required.

2.

All persons having subsequent liens or claims against such real property, by judgment, mortgage or otherwise, filed, docketed or recorded prior to the filing of the notice of lis pendens, where by law the filing of a notice of lis pendens is proper or required.

3.

All persons appearing by the records in the office of the county clerk or register to be owners of such real property or any part thereof.

4.

Where by law, a notice of lis pendens may not be filed in such action, all lienors having liens notices of which have been filed against the same real property, and all persons having subsequent liens or claims against such real property, by judgment, mortgage or otherwise.

5.

Every defendant who is a lienor shall, by answer in the action, set forth his lien, or he will be deemed to have waived the same, unless the lien is admitted in the complaint, and not contested by another defendant. The allegations is the answer of a defendant lienor shall be deemed denied by the other lienors in said action without the necessity of serving replies. Two or more lienors having liens notices of which have been filed against the same real property or public improvement, or any part thereof, may join as plaintiffs.

6.

The state, when the lien is one filed against funds of the state for which the public improvement is constructed or demolished. In such a case, the summons must be served upon the attorney-general, who must appear in behalf of the people.

Source: Section 44 — Parties to an action in a court of record, https://www.nysenate.gov/legislation/laws/LIE/44 (updated Sep. 22, 2014; accessed Nov. 1, 2025).

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

California:	Codes
Colorado:	C.R.S.
Florida:	Statutes
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

N.Y. Lien Law Section 44 Parties to an action in a court of record

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N.Y. Lien Law Section 44
Parties to an action in a court of record