N.Y. Laws » CHAPTER Lien / ARTICLE Enforcement of Liens On Real Property
New York Consolidated Laws

N.Y. Lien Law § 41 (2026)

Enforcement of mechanic's lien on real property

✓ current as of May 2026
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§ 41. Enforcement of mechanic's lien on real property. A mechanic's
lien on real property may be enforced against such property, and against
a person liable for the debt upon which the lien is founded, by an
action, by the lienor, his assignee or legal representative, in the
supreme court or in a county court otherwise having jurisdiction,
regardless of the amount of such debt, or in a court which has
jurisdiction in an action founded on a contract for a sum of money
equivalent to the amount of such debt.
Notes of Decisions
Cited in 4 cases, 1999–2016 · leading case: CVN Grp., Inc. v. Delgado, 95 S.W.3d 234 (Tex. 2002).
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CVN Grp., Inc. v. Delgado, 95 S.W.3d 234 (Tex. 2002). · cites it 2× “[36] N.Y. Lien Law § 41 (McKinney 2002) ("A mechanic's lien on real property may be enforced against such property, and against a person liable for the debt upon which the lien is founded, by an action, by the lienor, his assignee or legal representative, in the supreme court or…”
Dancor Constr., Inc. v. FXR Constr., Inc., 2016 IL App (2d) 150839 (Ill. App. Ct. 2016). · cites it 4× “The court cited section 41 of New York’s Lien Law ( N.Y. Lien Law § 41 (McKinney 2012)). FXR had contracted for venue to be in Illinois, and it had not met its burden to show that the contract’s forum-selection clause was - 10 - 2016 IL App (2d) 150839 unreasonable, unjust, in…”
Dancor Constr., Inc. v. FXR Constr., Inc., 2016 IL App (2d) 150839 (Ill. App. Ct. 2016). · cites it 4× “The court cited section 41 of New York’s Lien Law ( N.Y. Lien Law § 41 (McKinney 2012)). FXR had contracted for venue to be in Illinois, and it had not met its burden to show that the contract’s forum-selection clause was -6- unreasonable, unjust, in contravention of public…”
Westchester Decorators, Inc. v. Perazzo, 182 Misc. 2d 806 (N.Y. App. Term. 1999). “In view of the foregoing, the cause of action for work, labor and services can be maintained even though the subcontractors were not licensed.”
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