§ 21. Discharge of lien for public improvement. A lien against the\namount due or to become due a contractor from the state or a public\ncorporation for the construction or demolition of a public improvement\nmay be discharged as follows:\n 1. By filing a certificate of the lienor or his successor in interest,\nduly acknowledged and approved, stating that the lien is discharged.\n 2. By lapse of time as follows:\n (a) When one year has elapsed since the filing of the notice of lien\nor an extension thereof, unless, before the expiration thereof, either\nan extension or an order continuing said lien has been filed in the\noffice where the notices are filed, or a notice of the pendency of an\naction to enforce said lien has been filed as provided in section\neighteen of this article.\n (b) When the period of time for which the lien has been continued by\norder has expired, unless, before the expiration thereof, either an\norder continuing said lien for a further period of time has been filed\nin the offices where the notices are filed, or a notice of the pendency\nof an action to enforce said lien has been filed as provided in section\neighteen of this article.\n 3. By satisfaction of a judgment rendered in an action to enforce the\nlien.\n 3-a. Under the provisions of subdivisions four, five and six of this\nsection a discharge of lien shall only operate to relieve the\ncomptroller of the state or the financial officer of the public\ncorporation or the officer or person with whom the lien is filed of any\nand all liability imposed upon such officer by reason of the filing of\nthe lien. Such lien shall be a valid and subsisting lien for all other\npurposes until discharged as prescribed by the provisions of the other\nsubdivisions of this section.\n 4. By the contractor applying without notice to the supreme court of\nthis state or to any justice thereof or to the county judge of any\ncounty for an order discharging such lien and depositing with the\ncomptroller of the state or the financial officer of the public\ncorporation, or the officer or person with whom the notice of lien is\nfiled, such a sum of money as is directed by a judge or a justice of the\ncourt, which shall not be less than the amount claimed by the lienor,\nwith interest thereon for the term of one year from the time of making\nsuch deposit, and such additional amount as the judge or justice deems\nsufficient to cover all costs and expenses. The amount so deposited\nshall remain with the comptroller or such financial officer or other\nofficer or person until the lien is otherwise discharged as prescribed\nin this section.\n (5) Either before or after the beginning of an action by a contractor\nor subcontractor executing a bond or undertaking in an amount equal to\none hundred ten percent of such lien conditioned for the payment of any\njudgement which may be recovered in an action to enforce the lien:\n a. The execution of any such bond or undertaking by any fidelity or\nsurety company authorized by the laws of this state to transact\nbusiness, shall be sufficient; and where a certificate of qualification\nhas been issued by the superintendent of financial services under the\nprovisions of section one thousand one hundred eleven of the insurance\nlaw, and has not been revoked, no justification or notice thereof shall\nbe necessary. Any such company may execute any such bond or undertaking\nas surety by the hand of its officers, or attorney, duly authorized\nthereto by resolution of its board of directors, a certified copy of\nwhich resolution, under seal of said company, shall be filed with each\nbond or undertaking. Any such bond or undertaking shall be filed with\nthe state or the public corporation with which the notice of lien is\nfiled and a copy shall be served upon the adverse party. The undertaking\nis effective when so served and filed. If a certificate of qualification\nissued pursuant to subsections (b), (c) and (d) of section one thousand\
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.