§ 44-b. Necessary parties; lien against public or private improvement.\nNotwithstanding any inconsistent provision of section forty-four of this\narticle, any private owner or the state or a public corporation with\nwhich a notice of lien is filed shall not be a necessary party defendant\nin an action to enforce the lien if, either before or after the\ncommencement of the action, a contractor or subcontractor, (a) in the\ncase of a public improvement, executes a bond or undertaking, in\naccordance with subdivision five of section twenty-one of this chapter,\nto the state or the public corporation with which the notice of lien is\nfiled conditioned for the payment of any judgment that may be recovered\nin an action to enforce the lien or, (b) in the case of a private\nimprovement, executes a bond or undertaking in accordance with\nsubdivision four of section nineteen of this chapter, to the county\nclerk with which the notice of lien is filed conditioned for the payment\nof any judgment that may be recovered in an action to enforce the lien.\n
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