New York S 10033: Relates to the duration of mechanic's liens

Bill Text

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S10033 Summary:

BILL NOS10033 

&nbsp

SAME ASSAME AS A10682-A

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §17, Lien L

&nbsp

Provides for the continuation of a mechanic's lien which has been discharged by undertaking for a period of three years from the commencement of a foreclosure action.

Go to top S10033 Actions:

BILL NOS10033 

&nbsp

04/23/2026REFERRED TO JUDICIARY

05/12/20261ST REPORT CAL.1022

05/13/20262ND REPORT CAL.

05/14/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS10033 Committee&nbspVotes:

Go to topS10033 Floor&nbspVotes:

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

Go to topS10033 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10033

 IN SENATE

 April 23, 2026
 ___________

 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the lien law, in relation to the extended duration of
 certain mechanic's liens

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

 1 Section 1. Section 17 of the lien law, as amended by chapter 324 of
 2 the laws of 2000, is amended to read as follows:
 3 § 17. Duration of lien. 1. No lien specified in this article shall be
 4 a lien for a longer period than one year after the notice of lien has
 5 been filed, unless within that time an action is commenced to foreclose
 6 the lien, and a notice of the pendency of such action, whether in a
 7 court of record or in a court not of record, is filed with the county
 8 clerk of the county in which the notice of lien is filed, containing the
 9 names of the parties to the action, the object of the action, a brief
 10 description of the real property affected thereby, and the time of
 11 filing the notice of lien; or unless an extension to such lien, except
 12 for a lien on real property improved or to be improved with a single
 13 family dwelling, is filed with the county clerk of the county in which
 14 the notice of lien is filed within one year from the filing of the
 15 original notice of lien, continuing such lien and such lien shall be
 16 redocketed as of the date of filing such extension. Such extension shall
 17 contain the names of the lienor and the owner of the real property
 18 against whose interest therein such lien is claimed, a brief description
 19 of the real property affected by such lien, the amount of such lien, and
 20 the date of filing the notice of lien. No lien shall be continued by
 21 such extension for more than one year from the filing thereof. In the
 22 event an action is not commenced to foreclose the lien within such
 23 extended period, such lien shall be extinguished unless an order be
 24 granted by a court of record or a judge or justice thereof, continuing
 25 such lien, and such lien shall be redocketed as of the date of granting
 26 such order and a statement made that such lien is continued by virtue of
 27 such order. A lien on real property improved or to be improved with a
 28 single family dwelling may only be extended by an order of a court of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15267-03-6

 S. 10033 2

 1 record, or a judge or justice thereof. No lien shall be continued by
 2 court order for more than one year from the granting thereof, but a new
 3 order and entry may be made in each of two successive years. If a lienor
 4 is made a party defendant in an action to enforce another lien, and the
 5 plaintiff or such defendant has filed a notice of the pendency of the
 6 action within the time prescribed in this section, the lien of such
 7 defendant is thereby continued. Such action shall be deemed an action to
 8 enforce the lien of such defendant lienor. The failure to file a notice
 9 of pendency of action shall not abate the action as to any person liable
 10 for the payment of the debt specified in the notice of lien, and the
 11 action may be prosecuted to judgment against such person. The provisions
 12 of this section in regard to continuing liens shall apply to liens
 13 discharged by deposit or by order on the filing of an undertaking. Where
 14 a lien is discharged by depo