New York A 10348: Relates to the time during which to file a mechanic's lien

Bill Text

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A10348 Summary:

BILL NOA10348 

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SAME ASNo Same As

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SPONSORWieder

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COSPNSR

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MLTSPNSR

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Amd §10, Lien L

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Increases the period of time during which a mechanic's lien may be filed.

Go to top A10348 Actions:

BILL NOA10348 

&nbsp

02/26/2026referred to judiciary

Go to topA10348 Committee&nbspVotes:

Go to topA10348 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10348 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10348

 IN ASSEMBLY

 February 26, 2026
 ___________

 Introduced by M. of A. WIEDER -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the lien law, in relation to the time during which to
 file a mechanic's lien

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 1 of section 10 of the lien law, as amended by
 2 chapter 367 of the laws of 2011, is amended to read as follows:
 3 1. Notice of lien may be filed at any time during the progress of the
 4 work and the furnishing of the materials, or, within [eight] eighteen
 5 months after the completion of the contract, or the final performance of
 6 the work, or the final furnishing of the materials, dating from the last
 7 item of work performed or materials furnished; provided, however, that
 8 where the improvement is related to real property improved or to be
 9 improved with a single family dwelling, the notice of lien may be filed
 10 at any time during the progress of the work and the furnishing of the
 11 materials, or, within [four] twelve months after the completion of the
 12 contract, or the final performance of the work, or the final furnishing
 13 of the materials, dating from the last item of work performed or materi-
 14 als furnished; and provided further where the notice of lien is for
 15 retainage, the notice of lien may be filed within ninety days after the
 16 date the retainage was due to be released; except that in the case of a
 17 lien by a real estate broker, the notice of lien may be filed only after
 18 the performance of the brokerage services and execution of lease by both
 19 lessor and lessee and only if a copy of the alleged written agreement of
 20 employment or compensation is annexed to the notice of lien, provided
 21 that where the payment pursuant to the written agreement of employment
 22 or compensation is to be made in installments, then a notice of lien may
 23 be filed within [eight] eighteen months after the final payment is due,
 24 but in no event later than a date five years after the first payment was
 25 made. For purposes of this section, the term "single family dwelling"
 26 shall not include a dwelling unit which is a part of a subdivision that
 27 has been filed with a municipality in which the subdivision is located
 28 when at the time the lien is filed, such property in the subdivision is

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14965-01-6

 A. 10348 2

 1 owned by the developer for purposes other than [his] their personal
 2 residence. For purposes of this section, "developer" shall mean and
 3 include any private individual, partnership, trust or corporation which
 4 improves two or more parcels of real property with single family dwell-
 5 ings pursuant to a common scheme or plan. The notice of lien must be
 6 filed in the clerk's office of the county where the property is situ-
 7 ated. If such property is situated in two or more counties, the notice
 8 of lien shall be filed in the office of the clerk of each of such coun-
 9 ties. The county clerk of each county shall provide and keep a book to
 10 be called the "lien docket," which shall be suitably ruled in columns
 11 headed "owners," "lienors," "lienor's attorney," "property," "amount,"
 12 "time of filing," "proceedings had," in each of which [he] such county
 13 clerk shall enter the particulars of the notice, properly belonging
 14 therein. The date, hour and minute of the filing of each notice of lien
 15 shall be entered in the proper column. Except where the county clerk
 16 maintains a block index, the names of the owners shall be arranged in
 17 such book in alphabetical orde