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

N.Y. Lien Law § 44 (2026)

Parties to an action in a court of record

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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.
Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1984–2025 · leading case: Cavalry Constr., Inc. v. WDF, Inc. (In re Cavalry Constr., Inc.), 496 B.R. 106 (S.D.N.Y. 2013).
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Cavalry Constr., Inc. v. WDF, Inc. (In re Cavalry Constr., Inc.), 496 B.R. 106 (S.D.N.Y. 2013). “N.Y. Lien Law § 44 -b; see also Maverick Const.”
Naber Elec. Corp. v. George A. Fuller Co., 62 A.D.3d 971 (N.Y. App. Div. 2d Dep't 2009). · cites it 5× “The owners opposed the motion and cross-moved, in effect, to dismiss Russo’s affirmative defense insofar as asserted against them on the grounds, inter alia, that Russo had waived its lien by failing to commence an action to foreclose the lien within the statutory period and…”
Schmidt's Wholesale, Inc. v. Miller & Lehman Constr., Inc., 173 A.D.2d 1004 (N.Y. App. Div. 3d Dep't 1991). “In an action to enforce a lien against real property, all record owners of the property are necessary parties to the action (Lien Law § 44 [3]; Martirano Constr. Corp.”
Edwards & Zuck, P.C. v. Cappelli Enter., Inc., 124 A.D.3d 181 (N.Y. App. Div. 3d Dep't 2014). “Lien Law § 44 (5) provides in pertinent part that “[e]very defendant who is a lienor shall, by answer in the action, set forth his [or her] lien, or he [or she] will be deemed to have waived the same, unless the lien is admitted in the complaint, and not contested by another…”
Penna, Inc. v. Ruben, 72 A.D.3d 523 (N.Y. App. Div. 1st Dep't 2010). “To the extent plaintiff has stated a valid cause of action against Ruben for foreclosure of its mechanic’s lien, the remaining defendants were properly named as necessary parties (see Lien Law § 44 [1]). Concur—Mazzarelli, J.”
Anron Air Sys., Inc. v. Columbia Sussex Corp., 202 A.D.2d 460 (N.Y. App. Div. 2d Dep't 1994). “Here, the plaintiff did not elect to enter the foreclosure action, but was named as a defendant, and was obliged to raise its claims therein or "be deemed to have waived the same,” under the terms of Lien Law § 44 (5). We conclude that the plaintiff should not be penalized by…”
Strober Bros. v. Kitano Arms Corp., 224 A.D.2d 351 (N.Y. App. Div. 1st Dep't 1996). “Significantly, the Lien Law does not include general contractors within its list of necessary parties *353 to an action to enforce a lien against real property (Lien Law §44). While we recognize that a contractor may be a proper party to a lien foreclosure proceeding brought by…”
Henry Quentzel Plumbing Supply Co. v. 60 Pineapple Residence Corp., 126 Misc. 2d 751 (N.Y. Sup. Ct. 1984). “The plaintiff has practically paraphrased Lien Law § 44 which reads as follows: “In an action in a court of record to enforce a lien against real property * * * the following are necessary parties defendant”.”
Worlock Paving Corp. v. Camperlino, 207 A.D.2d 975 (N.Y. App. Div. 4th Dep't 1994). “Plaintiff properly brought the action to foreclose the mechanic’s lien against Camperlino as owner (see, Lien Law § 44 [3]), but was under no obligation to commence a foreclosure action against Boehlert (see, Lien Law § 54).”
L & L Painting Co. v. Columbia Sussex Corp., 225 A.D.2d 670 (N.Y. App. Div. 2d Dep't 1996). “The appellant asserted a cross claim and a counterclaim for foreclosure of its own mechanic’s lien when it was named as a defendant in this action, as it was required to do (see, Lien Law § 44 [5]). The amended notice of pendency filed by the plaintiff continued the appellant’s…”
Interior Bldg. Servs. Inc. v. Broadway 1384 LLC, 73 A.D.3d 529 (N.Y. App. Div. 1st Dep't 2010). “The mechanic’s liens filed by the subcontractors who have not appeared or answered should have also been discharged (see Lien Law § 44 [5]; Naber Elec. Corp. v George A.”
Regal Lumber Co. v. Buck, 157 Misc. 2d 376 (1993). · cites it 3× “Ergo, contend the Bucks, Boardman’s lien has lapsed and plaintiffs lien, because it derives from Boardman’s, must also fall (see, Lien Law § 44 [5]). It is well settled that a materialman’s or subcontractor’s lien is derivative in the sense that it is derived from what is owed…”
Show all 19 citing cases →
N.Y. Lien Law § 44(2): 1 case
Consum. Prot. Restoration, LLC v. Hickory House Tenants Corp., 236 A.D.3d 738 (N.Y. App. Div. 2d Dep't 2025).
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