S T A T E   O F   N E W   Y O R K
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                                  2232

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen. PERALTA -- 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 securing payment  of  wages
  for work already performed; to amend the civil practice law and rules,
  in  relation  to  grounds for attachment; to amend the business corpo-
  ration law, in relation to streamlining procedures where employees may
  hold  shareholders  of  non-publicly  traded  corporations  personally
  liable for wage theft; and to amend the limited liability company law,
  in  relation to creating a right for victims of wage theft to hold the
  ten  members  with  the  largest  ownership  interests  in  a  company
  personally liable for wage theft

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2 of the lien law is amended  by  adding  four  new
subdivisions 21, 22, 23, and 24 to read as follows:
  21.  WAGE  CLAIMS.  THE TERM "WAGE CLAIMS," WHEN USED IN THIS CHAPTER,
SHALL INCLUDE ANY CLAIMS OF VIOLATIONS UNDER  ARTICLES  FIVE,  SIX,  AND
NINETEEN  OF  THE  LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS
PROMULGATED BY THE COMMISSIONER OF LABOR, INCLUDING BUT NOT  LIMITED  TO
ANY CLAIMS OF UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAW-
FULLY  RETAINED  GRATUITIES,  UNLAWFUL  DEDUCTIONS  FROM  WAGES,  UNPAID
COMMISSIONS, AND UNPAID BENEFITS AND WAGE SUPPLEMENTS,  AND  ANY  CLAIMS
PURSUANT  TO  18 U.S.C. S 1595, 29 U.S.C. S 206, 29 U.S.C. S 207, AND/OR
ANY EMPLOYMENT CONTRACT, AS WELL AS THE CONCOMITANT  LIQUIDATED  DAMAGES
AND PENALTIES AUTHORIZED PURSUANT TO THE LABOR LAW, THE FAIR LABOR STAN-
DARDS ACT, OR ANY EMPLOYMENT CONTRACT.
  22.  EMPLOYER. THE TERM "EMPLOYER," WHEN USED IN ARTICLE TWO-A OF THIS
CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO THE LABOR
LAW OR THE FAIR LABOR STANDARDS ACT, AS APPLICABLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00429-01-5

S. 2232                             2
              

  23. EMPLOYEE. THE TERM "EMPLOYEE," WHEN USED IN ARTICLE TWO-A OF  THIS
CHAPTER, SHALL HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO THE LABOR
LAW OR THE FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  24.  PERSONAL  PROPERTY.  THE  TERM  "PERSONAL PROPERTY," WHEN USED IN
ARTICLE TWO-A OF THIS CHAPTER, SHALL HAVE THE SAME MEANING AS  "PERSONAL
PROPERTY"  PURSUANT  TO  SECTION THIRTY-NINE OF THE GENERAL CONSTRUCTION
LAW, EXCEPT WHERE EXEMPT BY FEDERAL LAW.
  S 2. The lien law is amended by adding a new article 2-A  to  read  as
follows:
                               ARTICLE 2-A
                                WAGE LIEN
SECTION 39-AA. WAGE LIEN.
        39-BB. ESTABLISHING A LIEN FOR WAGE CLAIMS.
        39-CC. ENFORCEMENT OF A LIEN FOR WAGE CLAIMS ON REAL PROPERTY.
        39-DD. ENFORCEMENT OF A LIEN FOR WAGE CLAIMS ON PERSONAL PROPER-
                 TY.
        39-EE. REGULATIONS.
        39-FF. RIGHTS.
        39-GG. FORCE AND EFFECT.
        39-HH. OPERATION.
  S 39-AA. WAGE LIEN.  AN EMPLOYEE OR THE COMMISSIONER OF LABOR SHALL BE
ENTITLED  TO A LIEN UPON ALL PROPERTY OF THE EMPLOYER, REAL OR PERSONAL,
LOCATED IN THIS STATE FOR THE FULL AMOUNT OF THE WAGE CLAIMS,  INCLUDING
THE PENALTIES AUTHORIZED PURSUANT TO THE LABOR LAW, THE FAIR LABOR STAN-
DARDS  ACT,  OR  THE  CONTRACT  IN  ISSUE. SUCH LIEN SHALL EXTEND TO THE
EMPLOYER-OWNER'S RIGHT, TITLE OR INTEREST IN THE REAL AND PERSONAL PROP-
ERTY, EXISTING AT THE TIME OF FILING THE NOTICE OF LIEN,  OR  THEREAFTER
ACQUIRED, AND SHALL HAVE THE SAME PRIORITY AS A MECHANIC'S LIEN PURSUANT
TO SECTION THIRTEEN OF THIS CHAPTER.
  S  39-BB.  ESTABLISHING A LIEN FOR WAGE CLAIMS. 1. TO ESTABLISH A LIEN
FOR WAGE CLAIMS UNDER THIS ARTICLE, AN EMPLOYEE SHALL:
  (A) PROVIDE AND SERVE WRITTEN NOTICE TO AN EMPLOYER IN ACCORDANCE WITH
THE REQUIREMENTS SET FORTH IN SECTIONS NINE AND ELEVEN OF  THIS  CHAPTER
TO  PROVIDE  THE  EMPLOYER WITH ADEQUATE NOTICE OF THE WAGES CLAIMED AND
THE PROPERTY AGAINST WHICH THE LIEN FOR WAGE CLAIMS IS SOUGHT;
  (B) SERVE WRITTEN NOTICE  TO  AN  EMPLOYER  AT  ANY  TIME  DURING  THE
PROGRESS OF THE WORK, OR WITHIN SIX YEARS AFTER THE FINAL PERFORMANCE OF
THE WORK, AND OTHERWISE IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN
SECTION TEN OF THIS CHAPTER.
  2.  IF  PAYMENT  IS  MADE  FOR THE AMOUNT OF WAGE CLAIMS STATED IN THE
NOTICE OF WAGE LIEN, THE RECORDED LIEN FOR  THE  WAGE  CLAIMS  SHALL  BE
RELEASED AS SET FORTH IN ARTICLE TWO OF THIS CHAPTER.
  3.  A  LIEN  FOR WAGE CLAIMS SHALL BE A LIEN FOR A PERIOD OF TEN YEARS
AFTER THE EMPLOYEE HAS FILED THE NOTICE OF LIEN, UNLESS WITHIN THAT TIME
AN ACTION IS COMMENCED TO FORECLOSE  THE  LIEN,  AND  A  NOTICE  OF  THE
PENDENCY OF SUCH ACTION IS FILED. NOTWITHSTANDING THIS PROVISION, A LIEN
FOR  WAGE CLAIMS SHALL HAVE THE SAME FORCE AND EFFECT OF A LIEN PURSUANT
TO ARTICLE TWO OF THIS CHAPTER.
  S 39-CC. ENFORCEMENT OF A LIEN FOR WAGE CLAIMS ON REAL PROPERTY.  1. A
LIEN FOR WAGE CLAIMS ON REAL  PROPERTY  MAY  BE  ENFORCED  IN  NEW  YORK
SUPREME  COURT,  COUNTY  COURT,  OR  IN  A COURT WITH JURISDICTION IN AN
ACTION FOUNDED ON A CONTRACT FOR A SUM OF MONEY EQUIVALENT TO THE AMOUNT
OF SUCH DEBT, IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH  IN  SECTION
FORTY-ONE OF THIS CHAPTER. IF THE CONTRACT BETWEEN EMPLOYER AND EMPLOYEE
VIOLATES  THE  MINIMUM  PROTECTIONS OF THE LABOR LAW, THE NOTICE OF LIEN

S. 2232                             3

MAY STATE THE LEGAL VALUE OF THE LABOR PERFORMED, AND A COURT MAY  LATER
DETERMINE UPON TRIAL A HIGHER VALUE THAN THAT STATED BY CLAIMANT.
  2.  THE  EMPLOYEE  OR  PERSON  WHO  FILES A WAGE LIEN WHO RECOVERS ANY
WAGES, DAMAGES, AND PENALTIES PURSUANT TO SUCH LIEN SHALL BE ENTITLED TO
ALSO RECOVER REASONABLE ATTORNEY'S FEES AND COSTS EXPENDED IN ANY ACTION
OR PROCEEDING TO FILE AND ENFORCE THE WAGE LIEN.
  3. WHERE IN ANY ACTION OR PROCEEDING TO ENFORCE A WAGE LIEN THE  COURT
SHALL  HAVE DECLARED SAID LIEN TO BE VOID ON ACCOUNT OF WILLFUL EXAGGER-
ATION BY THE PERSON FILING SUCH NOTICE OF  LIEN,  THE  COURT  MAY  AWARD
COURT COSTS AND REASONABLE ATTORNEY'S FEES TO THE EMPLOYER.
  4.  ANY NUMBER OF ACTIONS OR PROCEEDINGS TO ENFORCE WAGE LIENS AGAINST
THE SAME EMPLOYER MAY BE JOINED IN A SINGLE PROCEEDING UPON THE  COURT'S
OWN MOTION OR UPON THE APPLICATION OF ANY PARTY.
  S 39-DD. ENFORCEMENT OF A LIEN FOR WAGE CLAIMS ON PERSONAL PROPERTY. A
LIEN  FOR  WAGE  CLAIMS ON PERSONAL PROPERTY MAY BE ENFORCED IN THE SAME
MANNER AS IS REQUIRED TO PERFECT A SECURITY INTEREST UNDER PARAGRAPH TWO
OF SUBSECTION (A) OF SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.  SUCH
NOTICE OF LIEN SHALL BE MADE TO THE SECRETARY OF STATE IN WRITING, SPEC-
IFYING THE PERSON AGAINST WHOM THE CLAIM IS MADE, THE AMOUNT OF THE SAME
AND  A  DESCRIPTION  OF THE PROPERTY UPON WHICH THE LIEN IS CLAIMED. THE
SALE OF THE PROPERTY MAY BE ENFORCED UNDER SECTION TWO HUNDRED  OF  THIS
CHAPTER.  SUCH INTEREST SHALL TERMINATE IN FIVE YEARS IN ACCORDANCE WITH
SECTION 9-515 OF THE UNIFORM COMMERCIAL CODE.
  S 39-EE. REGULATIONS. THE COMMISSIONER OF LABOR MAY SEEK TO  ESTABLISH
A LIEN FOR WAGE CLAIMS ON BEHALF OF AN EMPLOYEE AND ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
  S  39-FF.  RIGHTS.  THIS  ARTICLE  MAY  NOT BE CONSTRUED TO PREVENT AN
EMPLOYEE FROM EXERCISING ANY RIGHT OR SEEKING ANY REMEDY  TO  WHICH  THE
EMPLOYEE MAY OTHERWISE BE ENTITLED.
  S  39-GG.  FORCE AND EFFECT. A WAGE LIEN SHALL HAVE THE SAME FORCE AND
EFFECT AS A MECHANIC'S LIEN PURSUANT TO SUBDIVISION ONE OF SECTION THIR-
TEEN OF THIS CHAPTER, AND SHALL HAVE PRIORITY OVER A  CONVEYANCE,  MORT-
GAGE, JUDGMENT, OR OTHER CLAIM AGAINST SUCH PROPERTY NOT RECORDED, DOCK-
ETED, OR FILED AT THE TIME OF THE FILING OF THE NOTICE OF THE LIEN.
  S  39-HH.  OPERATION.  WHERE APPLICABLE, THE OPERATION OF THIS ARTICLE
MAY BE CONSTRUED WITH REFERENCE TO THE REQUIREMENTS SET FORTH IN ARTICLE
TWO OF THIS CHAPTER.
  S 3. Subdivision 5 of section 6201  of  the  civil  practice  law  and
rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered
by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
is added to read as follows:
  5.  the  cause  of action is based on a judgment, decree or order of a
court of the United States or of any other court which  is  entitled  to
full  faith  and  credit in this state, or on a judgment which qualifies
for recognition under the provisions of article 53[.] OF  THIS  CHAPTER;
OR
  6.  THE  CAUSE  OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO  ANY  CLAIMS  OF
UNPAID,  MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID  COMMISSIONS,  UNPAID
BENEFITS  AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
TO 18 U.S.C. S 1595, 29 U.S.C. S 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND  PENALTIES  AUTHORIZED

S. 2232                             4

PURSUANT  TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
MENT CONTRACT.
  S  4.  Section  6210  of the civil practice law and rules, as added by
chapter 860 of the laws of 1977, is amended to read as follows:
  S 6210. Order of attachment on notice;  temporary  restraining  order;
contents.  Upon a motion on notice for an order of attachment, the court
may, without notice to the  defendant,  grant  a  temporary  restraining
order  prohibiting  the transfer of assets by a garnishee as provided in
subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT  PURSUANT  TO
SUBDIVISION  SIX  OF  SECTION  6201,  AND  IF  THE EMPLOYER CONTESTS THE
MOTION, THE COURT SHALL HOLD A HEARING  WITHIN  TEN  DAYS  OF  WHEN  THE
EMPLOYER'S  RESPONSE  TO  PLAINTIFFS'  MOTION FOR ATTACHMENT IS DUE. The
contents of the order of attachment granted  pursuant  to  this  section
shall be as provided in subdivision (a) of section 6211.
  S  5.  Subdivision  (b)  of section 6211 of the civil practice law and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
  (b) Confirmation of order. Except where  an  order  of  attachment  is
granted  on  the  ground specified in [subdivision] SUBDIVISIONS one AND
SIX of section 6201, an order of attachment granted without notice shall
provide that within a period not to exceed five  days  after  levy,  the
plaintiff  shall  move,  on such notice as the court shall direct to the
defendant, the garnishee, if any, and the sheriff, for an order confirm-
ing the order of attachment. Where an order of attachment without notice
is granted on the ground specified in [subdivision] SUBDIVISIONS one AND
SIX of section 6201, the court shall direct that the statement  required
by  section  6219  be  served  within  five days, that a copy thereof be
served upon the plaintiff, and the plaintiff shall move within ten  days
after  levy  for  an  order  confirming  the order of attachment. If the
plaintiff upon such motion shall show that the statement  has  not  been
served  and that the plaintiff will be unable to satisfy the requirement
of subdivision (b) of section 6223 until the statement has been  served,
the  court  may grant one extension of the time to move for confirmation
for a period not to exceed ten days. If plaintiff  fails  to  make  such
motion  within the required period, the order of attachment and any levy
thereunder shall have no  further  effect  and  shall  be  vacated  upon
motion. Upon the motion to confirm, the provisions of subdivision (b) of
section  6223 shall apply. An order of attachment granted without notice
may provide that the sheriff refrain from  taking  any  property  levied
upon into his actual custody, pending further order of the court.
  S  6.  Rule  6212  of  the civil practice law and rules, as amended by
chapter 860 of the laws of 1977, subdivision (b) as  separately  amended
by  chapters  15  and  860  of  the  laws of 1977, is amended to read as
follows:
  Rule 6212. Motion papers; undertaking; filing; demand; damages.    (a)
Affidavit;  other papers. On a motion for an order of attachment, or for
an order to confirm an order of attachment, the plaintiff shall show, by
affidavit and such other written evidence  as  may  be  submitted,  that
there  is a cause of action, that it is probable that the plaintiff will
succeed on the merits, that one or more grounds for attachment  provided
in  section  6201 exist, and that the amount demanded from the defendant
exceeds all counterclaims known to the plaintiff.   WHEN  ATTACHMENT  IS
SOUGHT  PURSUANT  TO SUBDIVISION SIX OF SECTION 6201, ONCE THE PLAINTIFF
HAS MADE THE INITIAL SHOWING, THE COURT SHALL GRANT AN ATTACHMENT UNLESS
THE DEFENDANT CAN SHOW THAT AN ATTACHMENT WOULD BE UNJUST.

S. 2232                             5

  (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a  motion
for  an order of attachment, the plaintiff shall give an undertaking, in
a total amount fixed by the  court,  but  not  less  than  five  hundred
dollars,  a  specified part thereof conditioned that the plaintiff shall
pay to the defendant all costs and damages, including reasonable  attor-
ney's  fees,  which  may be sustained by reason of the attachment if the
defendant recovers judgment or if it is finally decided that the  plain-
tiff  was not entitled to an attachment of the defendant's property, and
the balance conditioned that the plaintiff shall pay to the sheriff  all
of his allowable fees.
  2.  ON  A  MOTION  FOR  AN  ATTACHMENT  PURSUANT TO SUBDIVISION SIX OF
SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN  ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE,  MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
  (c) Filing. Within ten days after the granting of an order of  attach-
ment,  the  plaintiff  shall  file it and the affidavit and other papers
upon which it was based and the summons and  complaint  in  the  action.
Unless the time for filing has been extended, the order shall be invalid
if  not  so filed, except that a person upon whom it is served shall not
be liable for acting upon it as if it were valid  without  knowledge  of
the invalidity.
  (d)  Demand  for  papers.  At  any time after property has been levied
upon, the defendant may serve upon the plaintiff a written  demand  that
the  papers  upon which the order of attachment was granted and the levy
made be served upon him. Not more than one  day  after  service  of  the
demand,  the  plaintiff  shall cause the papers demanded to be served at
the address specified in the demand. A  demand  under  this  subdivision
shall not of itself constitute an appearance in the action.
  (e)  Damages.  [The]  EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON
THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201,  THE  plaintiff
shall  be  liable  to the defendant for all costs and damages, including
reasonable attorney's fees, which may be  sustained  by  reason  of  the
attachment  if  the  defendant  recovers  judgment,  or if it is finally
decided that the plaintiff was not entitled  to  an  attachment  of  the
defendant's  property. Plaintiff's liability shall not be limited by the
amount of the undertaking.
  S 7. Section 6223 of the civil practice law and rules, as  amended  by
chapter 860 of the laws of 1977, is amended to read as follows:
  S  6223.  Vacating  or  modifying  attachment. (a) Motion to vacate or
modify.  Prior to the application of property or debt to  the  satisfac-
tion of a judgment, the defendant, the garnishee or any person having an
interest  in  the property or debt may move, on notice to each party and
the sheriff, for an order vacating or modifying the order of attachment.
Upon the motion, the court may give the plaintiff a reasonable  opportu-
nity  to  correct  any defect. [If] EXCEPT AS PROVIDED UNDER SUBDIVISION
(B), IF, after the defendant has  appeared  in  the  action,  the  court
determines  that  the  attachment  is unnecessary to the security of the
plaintiff, it shall vacate the order of attachment.  Such a motion shall
not of itself constitute an appearance in the action.
  (b) Burden of proof. [Upon] EXCEPT WHERE AN  ORDER  OF  ATTACHMENT  IS
GRANTED  PURSUANT  TO  SUBDIVISION SIX OF SECTION 6201, UPON a motion to
vacate or modify an order of attachment the  plaintiff  shall  have  the
burden  of  establishing  the  grounds  for the attachment, the need for

S. 2232                             6

continuing the levy and the probability that  he  will  succeed  on  the
merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
PURSUANT  TO  SUBDIVISION  SIX OF SECTION 6201, THE DEFENDANT SHALL HAVE
THE BURDEN TO DEMONSTRATE EXTRAORDINARY CIRCUMSTANCES IN ORDER TO VACATE
OR MODIFY THE ATTACHMENT ORDER.
  S  8. Paragraph (b) of section 624 of the business corporation law, as
amended by chapter 449 of the laws  of  1997,  is  amended  to  read  as
follows:
  (b) Any person who shall have been a shareholder of record of a corpo-
ration,  OR  WHO  IS  OR  SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE
OTHER THAN A CONTRACTOR, upon at least five days' written  demand  shall
have  the  right  to  examine  in person or by agent or attorney, during
usual business hours, its minutes of the proceedings of its shareholders
and record of shareholders  and  to  make  extracts  therefrom  for  any
purpose  reasonably  related to such person's interest as a shareholder,
LABORER, SERVANT OR  EMPLOYEE.  Holders  of  voting  trust  certificates
representing shares of the corporation shall be regarded as shareholders
for  the  purpose  of this section.  Any such agent or attorney shall be
authorized in a writing that satisfies the  requirements  of  a  writing
under  paragraph  (b) of section 609 OF THIS ARTICLE (Proxies). A corpo-
ration requested to provide information pursuant to this paragraph shall
make available such information in written form and in any other  format
in which such information is maintained by the corporation and shall not
be  required  to  provide  such  information  in  any other format. If a
request made pursuant to this paragraph includes a  request  to  furnish
information  regarding  beneficial  owners,  the  corporation shall make
available such information in its possession regarding beneficial owners
as is provided to the corporation by a registered broker or dealer or  a
bank,  association  or  other  entity that exercises fiduciary powers in
connection with the forwarding of information to such owners. The corpo-
ration shall not be required  to  obtain  information  about  beneficial
owners not in its possession.
  S  9.  Section  630  of the business corporation law, paragraph (a) as
amended by chapter 212 of the laws of 1984, paragraph (c) as amended  by
chapter 746 of the laws of 1963, is amended to read as follows:
S 630. Liability  of shareholders for wages due to laborers, servants or
         employees.
  (a) The ten largest shareholders, as determined by the fair  value  of
their beneficial interest as of the beginning of the period during which
the  unpaid services referred to in this section are performed, of every
corporation (other than an investment company registered as  such  under
an act of congress entitled "Investment Company Act of 1940"), no shares
of which are listed on a national securities exchange or regularly quot-
ed in an over-the-counter market by one or more members of a national or
an  affiliated  securities  association,  shall jointly and severally be
personally liable for all debts, wages or salaries due and owing to  any
of  its  laborers,  servants  or  employees  other than contractors, for
services performed by them for such corporation. [Before  such  laborer,
servant  or employee shall charge such shareholder for such services, he
shall give notice in writing to such shareholder that he intends to hold
him liable under this section.  Such notice shall be  given  within  one
hundred  and eighty days after termination of such services, except that
if, within such period, the laborer,  servant  or  employee  demands  an
examination of the record of shareholders under paragraph (b) of section
624 (Books and records; right of inspection, prima facie evidence), such
notice may be given within sixty days after he has been given the oppor-

S. 2232                             7

tunity to examine the record of shareholders.  An action to enforce such
liability  shall  be commenced within ninety days after the return of an
execution unsatisfied against the corporation upon a judgment  recovered
against it for such services.]
  (b) For the purposes of this section, wages or salaries shall mean all
compensation  and  benefits payable by an employer to or for the account
of the employee for personal services rendered by such employee  INCLUD-
ING  ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S
FEES OR COSTS.  These shall specifically include but not be  limited  to
salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
contributions to or payments of insurance or welfare benefits;  employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
  (c) A shareholder who has paid more than his pro rata share under this
section shall be entitled to contribution pro rata from the other share-
holders  liable  under  this section with respect to the excess so paid,
over and above his pro rata share, and may sue them jointly or severally
or any number of them to recover the amount due from them.  Such  recov-
ery  may  be  had  in a separate action. As used in this paragraph, "pro
rata" means in proportion to beneficial share interest. Before a  share-
holder  may  claim contribution from other shareholders under this para-
graph, he shall[, unless they have been given notice by a laborer, serv-
ant or employee under paragraph (a),] give them notice in  writing  that
he intends to hold them so liable to him. [Such notice shall be given by
him  within twenty days after the date that notice was given to him by a
laborer, servant or employee under paragraph (a).]
  S 10. Section 609 of the limited liability company law is  amended  by
adding two new subdivisions (c) and (d) to read as follows:
  (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE  TEN  MEMBERS  WITH  THE  LARGEST  PERCENTAGE OWNERSHIP INTEREST, AS
DETERMINED DURING THE TIME WHICH THE UNPAID SERVICES REFERRED TO IN THIS
SECTION ARE PERFORMED, OF EVERY LIMITED LIABILITY COMPANY, SHALL JOINTLY
AND SEVERALLY BE PERSONALLY LIABLE FOR ALL DEBTS, WAGES OR SALARIES  DUE
AND  OWING  TO  ANY  OF  ITS  LABORERS, SERVANTS OR EMPLOYEES OTHER THAN
CONTRACTORS, FOR SERVICES PERFORMED BY THEM FOR SUCH COMPANY.  A  MEMBER
WHO  HAS  PAID  MORE THAN HIS PRO RATA SHARE UNDER THIS SECTION SHALL BE
ENTITLED TO CONTRIBUTION PRO RATA FROM THE OTHER  MEMBERS  LIABLE  UNDER
THIS  SECTION WITH RESPECT TO THE EXCESS SO PAID, OVER AND ABOVE HIS PRO
RATA SHARE, AND MAY SUE THEM JOINTLY OR SEVERALLY OR ANY NUMBER OF  THEM
TO RECOVER THE AMOUNT DUE FROM THEM. SUCH RECOVERY MAY BE HAD IN A SEPA-
RATE  ACTION.  AS USED IN THIS PARAGRAPH, "PRO RATA" MEANS IN PROPORTION
TO PERCENTAGE OWNERSHIP INTEREST. BEFORE A MEMBER MAY CLAIM CONTRIBUTION
FROM OTHER MEMBERS UNDER THIS SECTION, HE  SHALL  GIVE  THEM  NOTICE  IN
WRITING THAT HE INTENDS TO HOLD THEM SO LIABLE TO HIM.
  (D) FOR THE PURPOSES OF THIS SECTION, WAGES OR SALARIES SHALL MEAN ALL
COMPENSATION  AND  BENEFITS PAYABLE BY AN EMPLOYER TO OR FOR THE ACCOUNT
OF THE EMPLOYEE FOR PERSONAL SERVICES RENDERED BY SUCH  EMPLOYEE.  THESE
SHALL  SPECIFICALLY  INCLUDE  BUT  NOT BE LIMITED TO SALARIES, OVERTIME,
VACATION, HOLIDAY  AND  SEVERANCE  PAY;  EMPLOYER  CONTRIBUTIONS  TO  OR
PAYMENTS  OF  INSURANCE  OR  WELFARE BENEFITS; EMPLOYER CONTRIBUTIONS TO
PENSION OR ANNUITY FUNDS; AND ANY OTHER MONEYS PROPERLY DUE  OR  PAYABLE
FOR SERVICES RENDERED BY SUCH EMPLOYEE, INCLUDING ANY CONCOMITANT LIQUI-
DATED DAMAGES, PENALTIES, INTEREST, ATTORNEYS' FEES OR COSTS.
  S  11. Section 1102 of the limited liability company law is amended by
adding a new subdivision (e) to read as follows:

S. 2232                             8

  (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE OF A LIMITED LIABILITY COMPANY OTHER THAN A CONTRACTOR, UPON AT LEAST
FIVE DAYS' WRITTEN DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN  PERSON  OR
BY  AGENT OR ATTORNEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN
PARAGRAPH  TWO  OF SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE PERIOD
OF TIME DURING WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES
TO SUCH COMPANY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT  TO
THIS  PARAGRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN
ANY OTHER FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE  COMPANY
AND  SHALL  NOT  BE  REQUIRED  TO  PROVIDE SUCH INFORMATION IN ANY OTHER
FORMAT.  UPON REFUSAL BY THE COMPANY OR BY AN OFFICER OR  AGENT  OF  THE
COMPANY  TO  PERMIT AN INSPECTION OF THE RECORDS DESCRIBED IN THIS PARA-
GRAPH, THE PERSON MAKING THE DEMAND FOR  INSPECTION  MAY  APPLY  TO  THE
SUPREME  COURT  IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF THE COMPANY
IS LOCATED, UPON SUCH NOTICE AS THE  COURT  MAY  DIRECT,  FOR  AN  ORDER
DIRECTING  THE  COMPANY,  ITS  MEMBERS  OR MANAGERS TO SHOW CAUSE WHY AN
ORDER SHOULD NOT BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.
UPON THE RETURN DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE
PARTIES SUMMARILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE
APPLICANT IS QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COURT  SHALL
GRANT  AN  ORDER  COMPELLING  SUCH  INSPECTION AND AWARDING SUCH FURTHER
RELIEF AS TO THE COURT MAY SEEM JUST AND PROPER.  IF  THE  APPLICANT  IS
FOUND TO BE QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE COMPANY SHALL
PAY  ALL  REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT RELATED
TO THE DEMAND FOR INSPECTION OF THE RECORDS.
  S 12. This act shall take effect on the thirtieth day after  it  shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2232--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the lien law, in relation to employee liens; to amend
  the labor law, in relation to employee complaints; to amend the  civil
  practice  law  and  rules,  in  relation to grounds for attachment; to
  amend the business corporation law, in relation to streamlining proce-
  dures where employees may hold  shareholders  of  non-publicly  traded
  corporations personally liable for wage theft; and to amend the limit-
  ed  liability company law, in relation to creating a right for victims
  of wage theft to hold the  ten  members  with  the  largest  ownership
  interests in a company personally liable for wage theft

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2 of the lien law is amended by  adding  three  new
subdivisions 21, 22 and 23 to read as follows:
  21.  EMPLOYEE.  THE  TERM "EMPLOYEE", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO THE  LABOR  LAW  OR  THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  22.  EMPLOYER.  THE  TERM "EMPLOYER", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO THE  LABOR  LAW  OR  THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  23.  WAGE  CLAIM.  THE  TERM  "WAGE CLAIM", WHEN USED IN THIS CHAPTER,
MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS  ONE
HUNDRED  SEVENTY,  ONE HUNDRED NINETY-ONE, ONE HUNDRED NINETY-THREE, ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS  PROMULGATED
BY  THE  COMMISSIONER  OF  LABOR,  A  CLAIM FOR WAGES DUE TO AN EMPLOYEE
PURSUANT TO AN EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00429-03-5

              

S. 2232--A                          2

CONTRACT, OR A CLAIM THAT AN EMPLOYEE HAS SUFFERED  A  VIOLATION  OF  29
U.S.C. S 206.
  S  2. Section 3 of the lien law, as amended by chapter 137 of the laws
of 1985, is amended to read as follows:
  S 3. Mechanic's lien  AND  EMPLOYEE'S  LIEN  on  [real]  property.  1.
MECHANIC'S  LIEN.  A  contractor,  subcontractor,  laborer, materialman,
landscape gardener, nurseryman or person or corporation selling fruit or
ornamental trees, roses, shrubbery, vines and small fruits, who performs
labor or furnishes materials for the improvement of real  property  with
the  consent  or  at  the request of the owner thereof, or of his agent,
contractor or subcontractor, and any trust fund to  which  benefits  and
wage  supplements  are  due or payable for the benefit of such laborers,
shall have a lien for the principal and interest, of the value,  or  the
agreed price, of such labor, including benefits and wage supplements due
or  payable  for  the benefit of any laborer, or materials upon the real
property improved or to be improved and upon such improvement, from  the
time  of  filing  a  notice  of such lien as prescribed in this chapter.
Where the contract for an improvement is made with a husband or wife and
the property belongs to the other or both, the husband or wife contract-
ing shall also be presumed to be the agent of  the  other,  unless  such
other  having  knowledge of the improvement shall, within ten days after
learning of the contract give the contractor written notice  of  his  or
her  refusal  to  consent  to the improvement. Within the meaning of the
provisions of this chapter, materials actually manufactured for but  not
delivered  to  the  real  property, shall also be deemed to be materials
furnished.
  2. EMPLOYEE'S LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT  TERM  IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
HAVE  A  LIEN ON HIS EMPLOYER'S PROPERTY FOR THE VALUE OF THE WAGE CLAIM
ARISING OUT OF THE EMPLOYMENT, FROM THE TIME OF FILING A NOTICE OF  SUCH
LIEN  AS  PRESCRIBED IN THIS CHAPTER. AN EMPLOYEE'S LIEN BASED ON A WAGE
CLAIM MAY BE HAD AGAINST THE EMPLOYER'S REAL PROPERTY AND AGAINST ANY OF
THE EMPLOYER'S PERSONAL PROPERTY  THAT  CAN  BE  SUFFICIENTLY  DESCRIBED
WITHIN  THE  MEANING  OF  SECTION  9-108 OF THE UNIFORM COMMERCIAL CODE,
EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND TO ACCOUNTS OR GOODS  AS
THOSE TERMS ARE DEFINED IN SECTION 9-102 OF THE UNIFORM COMMERCIAL CODE.
  S  3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1
as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
by chapter 704 of the laws of 1985, are amended to read as follows:
  (1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
REAL PROPERTY shall extend to the owner's right, title  or  interest  in
the  real  property and improvements, existing at the time of filing the
notice of lien, or thereafter acquired, except as  hereinafter  in  this
article provided. If an owner assigns his interest in such real property
by a general assignment for the benefit of creditors, within thirty days
prior  to  such  filing,  the  lien  shall  extend  to the interest thus
assigned. If any part of the real property subjected  to  such  lien  be
removed  by  the  owner  or  by any other person, at any time before the
discharge thereof, such removal shall  not  affect  the  rights  of  the
lienor, either in respect to the remaining real property, or the part so
removed.  If  labor  is  performed  for,  or  materials  furnished to, a
contractor or subcontractor for  an  improvement,  the  MECHANIC'S  lien
shall  not  be  for  a sum greater than the sum earned and unpaid on the
contract at the time of filing the notice of lien, and  any  sum  subse-
quently  earned  thereon. In no case shall the owner be liable to pay by
reason of all MECHANIC'S liens created pursuant to this  article  a  sum

S. 2232--A                          3

greater  than  the  value  or  agreed  price  of the labor and materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
  (2)  [Such]  A  MECHANIC'S  OR EMPLOYEE'S lien shall not extend to the
owner's right, title or interest  in  real  property  and  improvements,
existing  at  the  time of filing the notice of lien if such lien arises
from the failure of a lessee of the right to explore, develop or produce
natural gas or oil, to pay for, compensate or render value for  improve-
ments  made  with  the  consent  or  at  the request of such lessee by a
contractor, subcontractor, materialman,  equipment  operator  or  owner,
landscaper,  nurseryman,  or person or corporation who performs labor or
furnishes materials for the exploration, development, or  production  of
oil  or  natural  gas  or  otherwise improves such leased property. Such
MECHANIC'S OR EMPLOYEE'S lien shall extend to the improvements made  for
the  exploration, development and production of oil and natural gas, and
the working interest held by a lessee of the right to  explore,  develop
or produce oil and natural gas.
  S  4. The opening paragraph of section 4-a of the lien law, as amended
by chapter 696 of the laws of 1959, is amended to read as follows:
  The proceeds of any insurance which by the terms  of  the  policy  are
payable to the owner of real property improved, and actually received or
to  be  received by him because of the destruction or removal by fire or
other casualty of an improvement on which lienors have  performed  labor
or services or for which they have furnished materials, OR UPON WHICH AN
EMPLOYEE  HAS  ESTABLISHED AN EMPLOYEE'S LIEN, shall after the owner has
been reimbursed therefrom for premiums paid by him,  if  any,  for  such
insurance,  be  subject to liens provided by this act to the same extent
and in the same order of priority as the real property would  have  been
had such improvement not been so destroyed or removed.
  S  5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended
by chapter 515 of the laws of 1929, are amended to read as follows:
  1. The name OF THE LIENOR, and EITHER THE residence of the  lienor  OR
THE  NAME  AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY; and if
the lienor is a partnership or a corporation, the  business  address  of
such  firm, or corporation, the names of partners and principal place of
business, and if a foreign corporation, its principal place of  business
within the state.
  2. The name of the owner of the [real] property against whose interest
therein a lien is claimed, and the interest of the owner as far as known
to the lienor.
  5. The amount unpaid to the lienor for such labor or materials, OR THE
AMOUNT  OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR ESTABLISHMENT
OF THE LIEN.
  S 6. Subdivision 1 of section 10 of the lien law, as amended by  chap-
ter 367 of the laws of 2011, is amended to read as follows:
  1.  (A)  Notice of MECHANIC'S lien may be filed at any time during the
progress of the work and the furnishing of  the  materials,  or,  within
eight months after the completion of the contract, or the final perform-
ance  of the work, or the final furnishing of the materials, dating from
the last item of work performed or materials furnished; provided, howev-
er, that where the improvement is related to real property  improved  or
to  be  improved with a single family dwelling, the notice of MECHANIC'S
lien may be filed at any time during the progress of the  work  and  the
furnishing of the materials, or, within four months after the completion
of  the  contract,  or  the  final performance of the work, or the final
furnishing of the materials, dating from the last item of work performed

S. 2232--A                          4

or materials furnished; and provided further where the notice of MECHAN-
IC'S lien is for retainage, the notice of MECHANIC'S lien may  be  filed
within  ninety days after the date the retainage was due to be released;
except  that  in  the case of a MECHANIC'S lien by a real estate broker,
the notice of MECHANIC'S lien may be filed only after the performance of
the brokerage services and execution of lease by both lessor and  lessee
and  only  if  a  copy of the alleged written agreement of employment or
compensation is annexed to the notice of lien, provided that  where  the
payment  pursuant to the written agreement of employment or compensation
is to be made in installments, then a notice of lien may be filed within
eight months after the final payment is due, but in no event later  than
a date five years after the first payment was made. For purposes of this
section,  the term "single family dwelling" shall not include a dwelling
unit which is a part of a subdivision that has been filed with a munici-
pality in which the subdivision is located when at the time the lien  is
filed,  such  property  in the subdivision is owned by the developer for
purposes other  than  his  personal  residence.  For  purposes  of  this
section,  "developer"  shall  mean  and  include any private individual,
partnership, trust or corporation which improves two or more parcels  of
real  property  with single family dwellings pursuant to a common scheme
or plan. [The]
  (B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER  THAN
SIX  YEARS  FOLLOWING  THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE
CLAIM.
  (C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
be filed in the clerk's office of the county where the property is situ-
ated. If such property is situated in two or more counties,  the  notice
of  lien shall be filed in the office of the clerk of each of such coun-
ties. The county clerk of each county shall provide and keep a  book  to
be  called  the  "lien docket," which shall be suitably ruled in columns
headed "owners," "lienors," "lienor's attorney,"  "property,"  "amount,"
"time of filing," "proceedings had," in each of which he shall enter the
particulars  of  the  notice, properly belonging therein. The date, hour
and minute of the filing of each notice of lien shall be entered in  the
proper  column.  Except  where the county clerk maintains a block index,
the names of the owners shall be arranged in such book  in  alphabetical
order.  The  validity of the lien and the right to file a notice thereof
shall not be affected by the death of the owner  before  notice  of  the
lien is filed.  A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
FILED,  TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
  S 7. Section 11 of the lien law, as amended by chapter 147 of the laws
of 1996, is amended to read as follows:
  S 11. Service of copy of notice of lien.  1. Within five  days  before
or  thirty days after filing the notice of A MECHANIC'S lien, the lienor
shall serve a copy of such notice upon the owner, if a  natural  person,
(a)  by delivering the same to him personally, or if the owner cannot be
found, to his agent or attorney, or (b) by leaving it at his last  known
place  of  residence  in  the city or town in which the real property or
some part thereof is  situated,  with  a  person  of  suitable  age  and
discretion, or (c) by registered or certified mail addressed to his last
known  place of residence, or (d) if such owner has no such residence in
such city or town, or cannot be found, and he has no agent or  attorney,
by  affixing  a copy thereof conspicuously on such property, between the
hours of nine o'clock in the forenoon and four o'clock in the afternoon;
if the owner be a corporation, said service shall be made (i) by  deliv-

S. 2232--A                          5

ering  such copy to and leaving the same with the president, vice-presi-
dent, secretary or clerk to the corporation, the cashier, treasurer or a
director or managing agent thereof, personally,  within  the  state,  or
(ii) if such officer cannot be found within the state by affixing a copy
thereof conspicuously on such property between the hours of nine o'clock
in  the  forenoon  and four o'clock in the afternoon, or (iii) by regis-
tered or certified mail addressed to its last known place  of  business.
Failure  to  file  proof  of such a service with the county clerk within
thirty-five days after the notice of lien is filed shall  terminate  the
notice  as  a  lien. Until service of the notice has been made, as above
provided, an owner, without knowledge of the lien, shall be protected in
any payment made in good faith to any contractor or other person  claim-
ing a lien.
  2.  WITHIN  FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE NOTICE OF
AN EMPLOYEE'S LIEN, THE LIENOR SHALL SERVE A COPY OF  SUCH  NOTICE  UPON
THE  EMPLOYER,  IF  A  NATURAL PERSON, (A) BY DELIVERING THE SAME TO HIM
PERSONALLY, OR IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT  OR  ATTOR-
NEY,  OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR BUSI-
NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
OR CERTIFIED MAIL ADDRESSED TO HIS LAST  KNOWN  PLACE  OF  RESIDENCE  OR
BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
THEREOF  CONSPICUOUSLY  ON  SUCH  PROPERTY,  BETWEEN  THE  HOURS OF NINE
O'CLOCK IN THE FORENOON AND  FOUR  O'CLOCK  IN  THE  AFTERNOON;  IF  THE
EMPLOYER  BE A CORPORATION, SAID SERVICE SHALL BE MADE (I) BY DELIVERING
SUCH COPY TO AND LEAVING THE SAME WITH  THE  PRESIDENT,  VICE-PRESIDENT,
SECRETARY  OR  CLERK  TO  THE  CORPORATION,  THE CASHIER, TREASURER OR A
DIRECTOR OR MANAGING AGENT THEREOF, PERSONALLY,  WITHIN  THE  STATE,  OR
(II) IF SUCH OFFICER CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY
THEREOF CONSPICUOUSLY ON SUCH PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK
IN  THE  FORENOON  AND FOUR O'CLOCK IN THE AFTERNOON, OR (III) BY REGIS-
TERED OR CERTIFIED MAIL ADDRESSED TO ITS LAST KNOWN PLACE  OF  BUSINESS,
OR  (IV)  BY DELIVERY TO THE SECRETARY OF THE DEPARTMENT OF STATE IN THE
SAME MANNER AS REQUIRED BY PARAGRAPH ONE OF SUBDIVISION (B)  OF  SECTION
306  OF  THE  BUSINESS CORPORATION LAW.  FAILURE TO FILE PROOF OF SUCH A
SERVICE WITH THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER  THE  NOTICE
OF  LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE OF
THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE
OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY
OTHER PERSON CLAIMING A LIEN.
  S 8. Section 11-b of the lien law, as amended by chapter  147  of  the
laws of 1996, is amended to read as follows:
  S  11-b.  Copy of notice of MECHANIC'S lien to a contractor or subcon-
tractor.  Within five days before or thirty days after filing  a  notice
of MECHANIC'S lien in accordance with section ten of this chapter or the
filing  of  an amendment of notice of MECHANIC'S lien in accordance with
section twelve-a of this chapter the lienor shall serve a copy  of  such
notice  or amendment by certified mail on the contractor, subcontractor,
assignee or legal representative for whom he was employed or to whom  he
furnished materials or if the lienor is a contractor or subcontractor to
the  person,  firm  or  corporation  with  whom the contract was made. A
lienor having a direct contractual relationship with a subcontractor  or
a sub-subcontractor but not with a contractor shall also serve a copy of
such notice or amendment by certified mail to the contractor. Failure to
file  proof  of  such a service with the county clerk within thirty-five
days after the notice of lien is filed shall terminate the notice  as  a
lien. Any lienor, or a person acting on behalf of a lienor, who fails to

S. 2232--A                          6

serve  a  copy  of  the  notice  of  MECHANIC'S lien as required by this
section shall be  liable  for  reasonable  attorney's  fees,  costs  and
expenses, as determined by the court, incurred in obtaining such copy.
  S  9.  Subdivision  1  of  section 12-a of the lien law, as amended by
chapter 1048 of the laws of 1971, is amended to read as follows:
  1. Within sixty days after the original filing, a lienor may amend his
lien upon twenty days notice to existing  lienors,  mortgagees  and  the
owner,  provided  that  no action or proceeding to enforce or cancel the
mechanics' lien OR EMPLOYEE'S LIEN has  been  brought  in  the  interim,
where  the purpose of the amendment is to reduce the amount of the lien,
except the question of wilful exaggeration shall survive such amendment.
  S 10. Subdivision 1 of section 13 of the lien law, as amended by chap-
ter 878 of the laws of 1947, is amended to read as follows:
  (1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
performed in the improvement of real property, shall have priority  over
a  conveyance,  mortgage,  judgment or other claim against such property
not recorded, docketed or filed at the time of the filing of the  notice
of  such  lien,  except  as  hereinafter  in this chapter provided; over
advances made upon any mortgage or other encumbrance thereon after  such
filing,  except  as  hereinafter  in this article provided; and over the
claim of a creditor who has not furnished materials or  performed  labor
upon such property, if such property has been assigned by the owner by a
general  assignment  for  the  benefit  of creditors, within thirty days
before the filing of either of such notices; and also over an attachment
hereafter issued or a money judgment hereafter recovered upon  a  claim,
which,  in  whole  or  in  part,  was not for materials furnished, labor
performed or moneys advanced for the improvement of such real  property;
and  over  any claim or lien acquired in any proceedings upon such judg-
ment. Such liens shall also have priority  over  advances  made  upon  a
contract  by an owner for an improvement of real property which contains
an option to the contractor, his successor or assigns  to  purchase  the
property, if such advances were made after the time when the labor began
or  the first item of material was furnished, as stated in the notice of
lien. If several buildings are demolished, erected, altered or repaired,
or several pieces or parcels of real property are  improved,  under  one
contract,  and  there  are  conflicting liens thereon, each lienor shall
have priority upon the particular part of the real property or upon  the
particular  building  or  premises  where  his labor is performed or his
materials are used. Persons shall have no priority  on  account  of  the
time of filing their respective notices of liens, but all liens shall be
on  a  parity except as hereinafter in section fifty-six of this chapter
provided; and except that in all cases  laborers  for  daily  or  weekly
wages  WITH  A  MECHANIC'S  LIEN, AND EMPLOYEES WITH AN EMPLOYEE'S LIEN,
shall have preference over all other claimants under this article.
  S 11. Section 17 of the lien law, as amended by  chapter  324  of  the
laws of 2000, is amended to read as follows:
  S  17.  Duration  of lien. 1. (A) No MECHANIC'S lien specified in this
article shall be a lien for a longer period  than  one  year  after  the
notice  of  lien  has  been  filed, unless within that time an action is
commenced to foreclose the lien, and a notice of the  pendency  of  such
action,  whether  in  a  court of record or in a court not of record, is
filed with the county clerk of the county in which the notice of lien is
filed, containing the names of the parties to the action, the object  of
the  action,  a brief description of the real property affected thereby,
and the time of filing the notice of lien; or  unless  an  extension  to
such lien, except for a lien on real property improved or to be improved

S. 2232--A                          7

with  a  single  family  dwelling, is filed with the county clerk of the
county in which the notice of lien is filed within  one  year  from  the
filing  of  the  original  notice of lien, continuing such lien and such
lien  shall  be redocketed as of the date of filing such extension. Such
extension shall contain the names of the lienor and  the  owner  of  the
real  property  against  whose  interest therein such lien is claimed, a
brief description of the real property affected by such lien, the amount
of such lien, and the date of filing the notice of lien. No  lien  shall
be  continued  by  such extension for more than one year from the filing
thereof. In the event an action is not commenced to foreclose  the  lien
within  such  extended period, such lien shall be extinguished unless an
order be granted by a court of record or a  judge  or  justice  thereof,
continuing  such  lien, and such lien shall be redocketed as of the date
of granting such order and a statement made that such lien is  continued
by  virtue  of  such  order.  A  lien on real property improved or to be
improved with a single family dwelling may only be extended by an  order
of  a  court  of record, or a judge or justice thereof. No lien shall be
continued by court order for more than one year from the granting there-
of, but a new order and entry may be made  in  each  of  two  successive
years.  If  a  lienor  is made a party defendant in an action to enforce
another lien, and the plaintiff or such defendant has filed a notice  of
the  pendency  of the action within the time prescribed in this section,
the lien of such defendant is thereby continued. Such  action  shall  be
deemed an action to enforce the lien of such defendant lienor. The fail-
ure to file a notice of pendency of action shall not abate the action as
to any person liable for the payment of the debt specified in the notice
of  lien,  and  the  action  may  be prosecuted to judgment against such
person. The provisions of this section in  regard  to  continuing  liens
shall  apply to liens discharged by deposit or by order on the filing of
an undertaking. Where a lien is discharged by deposit  or  by  order,  a
notice of pendency of action shall not be filed.
  (B) A lien, the duration of which has been extended by the filing of a
notice  of  the pendency of an action as above provided, shall neverthe-
less terminate as a lien after such notice has been canceled as provided
in section sixty-five hundred fourteen of the  civil  practice  law  and
rules  or  has ceased to be effective as constructive notice as provided
in section sixty-five hundred thirteen of the  civil  practice  law  and
rules.
  2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
ER  PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED, UNLESS
AN EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF  THE  COUNTY
IN  WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING OF
THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL
CONTAIN THE NAMES OF THE LIENOR AND  THE  OWNER  OF  THE  REAL  PROPERTY
AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION
OF  THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND THE
DATE OF FILING THE NOTICE OF LIEN.  NO LIEN SHALL BE CONTINUED  BY  SUCH
EXTENSION  FOR  MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE EVENT
AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE  CLAIM  OR  TO
FORECLOSE  THE  LIEN  WITHIN  SUCH  EXTENDED  PERIOD, SUCH LIEN SHALL BE
EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A  JUDGE
OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
ETED  AS  OF  THE  DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.

S. 2232--A                          8

  (B) NO EMPLOYEE'S LIEN ON PERSONAL PROPERTY SHALL  BE  A  LIEN  FOR  A
LONGER  PERIOD  THAN  ONE  YEAR  AFTER  THE FINANCING STATEMENT HAS BEEN
RECORDED, UNLESS AN EXTENSION TO SUCH LIEN, IS  FILED  WITH  THE  FILING
OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
FILING  OF  THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH LIEN. SUCH
EXTENSION SHALL CONTAIN THE NAMES OF THE LIENOR AND  THE  OWNER  OF  THE
PROPERTY  AGAINST  WHOSE  INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF
DESCRIPTION OF THE PRIOR FINANCING STATEMENT TO  BE  EXTENDED,  AND  THE
DATE  OF FILING THE PRIOR FINANCING STATEMENT.  NO LIEN SHALL BE CONTIN-
UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
THE EVENT AN ACTION IS NOT COMMENCED TO  OBTAIN  JUDGMENT  ON  THE  WAGE
CLAIM  OR  TO  FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN
SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
REFILED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE  THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
  (C)  IF  A  LIENOR  IS  MADE A PARTY DEFENDANT IN AN ACTION TO ENFORCE
ANOTHER LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE  OF
THE  PENDENCY  OF THE ACTION WITHIN THE TIME PRESCRIBED IN THIS SECTION,
THE LIEN OF SUCH DEFENDANT IS THEREBY CONTINUED. SUCH  ACTION  SHALL  BE
DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
OF  LIEN,  AND  THE  ACTION  MAY  BE PROSECUTED TO JUDGMENT AGAINST SUCH
PERSON.  THE PROVISIONS OF THIS SECTION IN REGARD  TO  CONTINUING  LIENS
SHALL  APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING OF
AN UNDERTAKING. WHERE A LIEN IS DISCHARGED BY DEPOSIT  OR  BY  ORDER,  A
NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
  (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
ACTION  OR  AN  ACTION TO OBTAIN A JUDGMENT ON THE WAGE CLAIM WITHIN ONE
YEAR FROM THE FILING OF THE NOTICE OF  LIEN  ON  REAL  PROPERTY  OR  THE
RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
HUNDRED  TWENTY  DAYS  FOLLOWING  THE  ENTRY  OF  FINAL JUDGMENT IN SUCH
ACTION, UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR  ADMINISTRATIVE
ORDER  IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR COMMENCES
A FORECLOSURE ACTION, IN WHICH INSTANCE THE LIEN SHALL BE  VALID  DURING
THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
PENDENCY  OF  A  FORECLOSURE ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON
THE WAGE CLAIM, THE LIENOR SHALL FILE A  NOTICE  OF  SUCH  PENDENCY  AND
EXTENSION  WITH  THE  COUNTY  CLERK OF THE COUNTY IN WHICH THE NOTICE OF
LIEN IS FILED, CONTAINING THE NAMES OF THE PARTIES TO  THE  ACTION,  THE
OBJECT  OF  THE  ACTION,  A  BRIEF  DESCRIPTION OF THE PROPERTY AFFECTED
THEREBY, AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF  A
LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
IZED  TO  ACCEPT  FINANCING  STATEMENTS PURSUANT TO SECTION 9-501 OF THE
UNIFORM COMMERCIAL CODE. FOR PURPOSES OF  THIS  SECTION,  AN  ACTION  TO
OBTAIN  JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY COURT
OF COMPETENT JURISDICTION OR  THE  SUBMISSION  OF  A  COMPLAINT  TO  THE
DEPARTMENT  OF  LABOR.  AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE
CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
COMPLAINT.
  (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED,  SHALL  NEVERTHE-

S. 2232--A                          9

LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  FOURTEEN OF THE CIVIL PRACTICE LAW AND
RULES OR HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE  AS  PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  THIRTEEN OF THE CIVIL PRACTICE LAW AND
RULES.
  S 12. Subdivision 2 of section 19 of the lien law, as amended by chap-
ter 310 of the laws of 1962, is amended to read as follows:
  (2) By failure to begin an action to foreclose such lien or to  secure
an  order  continuing  it,  within  one year from the time of filing the
notice of lien, unless (I) an action be begun within the same period  to
foreclose  a  mortgage or another mechanic's lien upon the same property
or any part thereof and a notice of pendency of  such  action  is  filed
according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
A  WAGE  CLAIM  PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN OF THIS
ARTICLE, but a lien, the duration of which  has  been  extended  by  the
filing  of  a  notice  of  the pendency of an action as herein provided,
shall nevertheless terminate as  a  lien  after  such  notice  has  been
cancelled or has ceased to be effective as constructive notice.
  S  13.  Section  24  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 24. Enforcement of [mechanic's] lien. The [mechanics'] liens  speci-
fied  in  this article may be enforced against the property specified in
the notice of lien and which is subject thereto and against  any  person
liable  for  the  debt  upon which the lien is founded, as prescribed in
article three of this chapter.
  S 14. Section 26 of the lien law, as amended by  chapter  373  of  the
laws of 1977, is amended to read as follows:
  S  26.  Subordination  of liens after agreement with owner. In case an
owner of real property shall execute to one or more persons, or a corpo-
ration, as trustee or trustees, a bond and mortgage or a note and  mort-
gage  affecting  such  property in whole or in part, or an assignment of
the moneys due or to become due under a contract for a building loan  in
relation  to  such property, and in case such mortgage, if any, shall be
recorded in the office of the register of the  county  where  such  real
property  is  situated,  or  if  such county has no register then in the
office of the clerk of such county, and in case such assignment, if any,
shall be filed in the office of the clerk of the county where such  real
property  is  situated;  and  in  case lienors having [mechanics'] liens
against said real property, notices of which have been filed up  to  and
not  later than fifteen days after the recording of such mortgage or the
filing of such assignment, and which liens have not been  discharged  as
in  this  article  provided, shall, to the extent of at least fifty-five
per centum of the aggregate amount for which such notices of liens  have
been so filed, approve such bond and mortgage or such note and mortgage,
if  any, and such assignment, if any, by an instrument or instruments in
writing, duly acknowledged and filed in the office of such county clerk,
then all mechanics' liens for  labor  performed  or  material  furnished
prior  to  the  recording of such mortgage or filing of such assignment,
whether notices thereof have been theretofore or  are  thereafter  filed
and which have not been discharged as in this article provided, shall be
subordinate  to  the  lien of such trust bond and mortgage or such trust
note and mortgage to the extent of the aggregate amount of  all  certif-
icates  of interest therein issued by such trustee or trustees, or their
successors, for moneys loaned, materials furnished, labor performed  and
any  other  indebtedness  incurred  after said trust mortgage shall have
been recorded, and for expenses in connection with said trust  mortgage,

S. 2232--A                         10

and  shall  also  be subordinate to the lien of the bond and mortgage or
note and mortgage, given to secure the  amount  agreed  to  be  advanced
under  such  contract  for  a  building loan to the extent of the amount
which  shall be advanced by the holder of such bond and mortgage or such
note and mortgage to the trustee or trustees, or their successors, under
such assignment. The provisions of this section shall apply to all bonds
and mortgages and notes and mortgages and all assignments of moneys due,
or to become due under building loan contracts executed by  such  owner,
in like manner, and recorded or filed, from time to time as hereinbefore
provided.  In  case of an assignment to trustees under the provisions of
this section, the trustees and their successors shall be the  agents  of
the assignor to receive and receipt for any and all sums advanced by the
holder  of the building loan bond and mortgage or the building loan note
and mortgage under the building loan contract and  such  assignment.  No
lienor  shall  have  any priority over the bond and mortgage or note and
mortgage given to secure the money agreed to be advanced under a  build-
ing loan contract or over the advances made thereunder, by reason of any
act preceding the making and approval of such assignment.
  S  15.  Section  38  of the lien law, as amended by chapter 859 of the
laws of 1930, is amended to read as follows:
  S 38. Itemized statement may be required of lienor. A lienor  who  has
filed  a  notice of MECHANIC'S lien shall, on demand in writing, deliver
to the owner or contractor making such demand  a  statement  in  writing
which  shall  set forth the items of labor and/or material and the value
thereof which make up the amount for which he claims a lien,  and  which
shall  also  set  forth the terms of the contract under which such items
were furnished.  A LIENOR WHO HAS FILED A NOTICE OF EMPLOYEE LIEN SHALL,
ON DEMAND IN WRITING, DELIVER TO  THE  EMPLOYER  MAKING  SUCH  DEMAND  A
STATEMENT  IN  WRITING WHICH SHALL SET FORTH THE ITEMS OF THE WAGE CLAIM
AND THE VALUE THEREOF WHICH MAKE UP THE AMOUNT FOR  WHICH  HE  CLAIMS  A
LIEN.  The statement shall be verified by the lienor or his agent in the
form required for the verification of notices in section  nine  of  this
chapter.  If  the  lienor shall fail to comply with such a demand within
five days after the same shall have been made by the EMPLOYER, owner  or
contractor,  or  if  the  lienor delivers an insufficient statement, the
person aggrieved may petition the supreme court of  this  state  or  any
justice  thereof,  or  the county court of the county where the premises
are situated, or the county judge of such county for an order  directing
the  lienor within a time specified in the order to deliver to the peti-
tioner the statement required by this section. Two days' notice in writ-
ing of such application shall be served upon the  lienor.  Such  service
shall  be made in the manner provided by law for the personal service of
a summons. The court or a  justice  or  judge  thereof  shall  hear  the
parties  and  upon being satisfied that the lienor has failed, neglected
or refused to comply with the requirements of this section shall have an
appropriate order directing such compliance. In case the lienor fails to
comply with the order so made within the time specified, then upon  five
days' notice to the lienor, served in the manner provided by law for the
personal  service  of a summons, the court or a justice or judge thereof
may make an order cancelling the lien.
  S 16. Section 39 of the lien law, as added by chapter 859 of the  laws
of 1930, is amended to read as follows:
  S  39.  Lien wilfully exaggerated is void. In any action or proceeding
to enforce a [mechanic's] lien upon a private or public  improvement  or
in  which  the validity of the lien is an issue, if the court shall find
that a lienor has wilfully exaggerated the amount for which he claims  a

S. 2232--A                         11

lien  as  stated in his notice of lien, his lien shall be declared to be
void and no recovery shall be had thereon. No such lienor shall  have  a
right  to file any other or further lien for the same claim. A second or
subsequent  lien  filed  in contravention of this section may be vacated
upon application to the court on two days' notice.
  S 17. Section 40 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  40.  Construction  of  article.  This article is to be construed in
connection with article two of this chapter,  and  provides  proceedings
for  the  enforcement  of  EMPLOYEE'S LIENS ON REAL PROPERTY, AS WELL AS
liens for labor performed and materials furnished in the improvement  of
real property, created by virtue of such article.
  S  18.  Section  41  of the lien law, as amended by chapter 807 of the
laws of 1952, is amended to read as follows:
  S 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
mechanic's lien OR EMPLOYEE'S LIEN on  real  property  may  be  enforced
against  such  property,  and  against a person liable for the debt upon
which the lien is founded, by an action, by the lienor, his assignee  or
legal  representative,  in the supreme court or in a county court other-
wise having jurisdiction, regardless of the amount of such debt, or in a
court which has jurisdiction in an action founded on a  contract  for  a
sum of money equivalent to the amount of such debt.
  S  19.  Section  43  of the lien law, as amended by chapter 310 of the
laws of 1962, is amended to read as follows:
  S 43. Action in a court  of  record;  consolidation  of  actions.  The
provisions  of the real property actions and proceedings law relating to
actions for the foreclosure of a mortgage upon real  property,  and  the
sale  and the distribution of the proceeds thereof apply to actions in a
court of record, to enforce mechanics' liens  AND  EMPLOYEES'  LIENS  on
real  property, except as otherwise provided in this article. If actions
are brought by different lienors in a court  of  record,  the  court  in
which  the  first  action was brought, may, upon its own motion, or upon
the application of any party in any of such actions, consolidate all  of
such actions.
  S  20.  Section  46  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 46. Action in a court not of record.  If  an  action  to  enforce  a
mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
court  not of record, it shall be commenced by the personal service upon
the owner of a summons and complaint verified in the same  manner  as  a
complaint  in  an  action  in  a court of record. The complaint must set
forth substantially the facts contained in the notice of lien,  and  the
substance  of  the  agreement under which the labor was performed or the
materials were furnished, OR IF THE LIEN IS BASED UPON A WAGE  CLAIM  AS
DEFINED  IN  SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH WAGE CLAIM.
The form and contents of the summons shall be the same  as  provided  by
law for the commencement of an action upon a contract in such court. The
summons  must  be  returnable  not less than twelve nor more than twenty
days after the date of the summons, or if service is  made  by  publica-
tion,  after  the  day  of the last publication of the summons.  Service
must be made at least eight days before the return day.
  S 21. Section 50 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  50.  Execution. Execution may be issued upon a judgment obtained in
an action to enforce a mechanic's lien OR  AN  EMPLOYEE'S  LIEN  against
real  property  in a court not of record, which shall direct the officer

S. 2232--A                         12

to sell the title and interest of the owner in the premises, upon  which
the  lien  set  forth in the complaint existed at the time of filing the
notice of lien.
  S  22.  Section  53  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 53. Costs and disbursements. If an action is brought  to  enforce  a
mechanic's  lien  OR AN EMPLOYEE'S LIEN against real property in a court
of record, the costs and disbursements shall rest in the  discretion  of
the  court,  and  may  be  awarded to the prevailing party. The judgment
rendered in such an action shall include the amount of  such  costs  and
specify  to whom and by whom the costs are to be paid. If such action is
brought in a court not of record, they shall be the same as  allowed  in
civil  actions  in  such  court.  The  expenses  incurred in serving the
summons by publication may be added to the amount of costs  now  allowed
in such court.
  S  23.  Section  59  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
deposit, by order of court. 1. A mechanic's lien  notice  of  which  has
been filed on real property or a bond given to discharge the same may be
vacated  and cancelled or a deposit made to discharge a lien pursuant to
section twenty may be returned, by an order of a court of record. Before
such order shall be granted, a notice shall be served upon  the  lienor,
either personally or by leaving it as his last known place of residence,
with  a  person  of  suitable  age, with directions to deliver it to the
lienor. Such notice shall require the lienor to commence  an  action  to
enforce  the  lien, within a time specified in the notice, not less than
thirty days from the time of service, or show cause at a special term of
a court of record, or at a county court, in a county in which the  prop-
erty  is situated, at a time and place specified therein, why the notice
of lien filed or the bond given should not be vacated and cancelled,  or
the deposit returned, as the case may be. Proof of such service and that
the  lienor  has  not  commenced  the  action to foreclose such lien, as
directed in the notice, shall be made  by  affidavit,  at  the  time  of
applying for such order.
  2.  AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY
OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR  A
DEPOSIT  MADE  TO  DISCHARGE  A  LIEN  PURSUANT TO SECTION TWENTY MAY BE
RETURNED, BY AN ORDER OF A COURT OF RECORD.  BEFORE SUCH ORDER SHALL  BE
GRANTED,  A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER PERSONALLY OR
BY LEAVING IT AT HIS LAST KNOWN PLACE OF RESIDENCE OR  ATTORNEY'S  PLACE
OF  BUSINESS,  WITH A PERSON OF SUITABLE AGE, WITH DIRECTIONS TO DELIVER
IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE LIENOR  TO  COMMENCE  AN
ACTION  TO ENFORCE THE LIEN, OR TO COMMENCE AN ACTION TO OBTAIN JUDGMENT
ON THE WAGE CLAIM UPON WHICH THE LIEN WAS  ESTABLISHED,  WITHIN  A  TIME
SPECIFIED  IN  THE  NOTICE,  NOT  LESS THAN NINETY DAYS FROM THE TIME OF
SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A COURT OF RECORD, OR  AT  A
COUNTY  COURT,  IN A COUNTY IN WHICH THE PROPERTY IS SITUATED, AT A TIME
AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF LIEN FILED  OR  THE  BOND
GIVEN  SHOULD  NOT BE VACATED AND CANCELLED, OR THE DEPOSIT RETURNED, AS
THE CASE MAY BE. PROOF OF SUCH SERVICE  AND  THAT  THE  LIENOR  HAS  NOT
COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN ACTION TO OBTAIN JUDG-
MENT  ON THE WAGE CLAIM UPON WHICH THE LIEN WAS ESTABLISHED, AS DIRECTED
IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE TIME OF  APPLYING  FOR
SUCH ORDER.

S. 2232--A                         13

  S  24.  Section  62  of the lien law, as amended by chapter 697 of the
laws of 1934, is amended to read as follows:
  S 62. Bringing in new parties. A lienor who has filed a notice of lien
after the commencement of an action in a court of record to foreclose or
enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
a  public  improvement,  may  at  any  time  up to and including the day
preceding the day on which the trial of such action is  commenced,  make
application upon notice to the plaintiff or his attorney in such action,
to  be made a party therein. Upon good cause shown, the court must order
such lienor to be brought in by amendment. If the application is made by
any other party in said action to make such lienor  or  other  person  a
party,  the  court  may  in  its  discretion direct such lienor or other
person to be brought in by like amendment. The order to  be  entered  on
such  application  shall  provide the time for and manner of serving the
pleading of such additional lienor or other person and shall direct that
the pleadings, papers and proceedings of the other  several  parties  in
such action, shall be deemed amended, so as not to require the making or
serving  of  papers  other than said order to effectuate such amendment,
and shall further provide that the allegations in  the  answer  of  such
additional lienor or other person shall, for the purposes of the action,
be  deemed  denied  by the other parties therein. The action shall be so
conducted by the court as not to cause substantially any  delay  in  the
trial  thereof.    The  bringing  in  of such additional lienor or other
person shall be without prejudice to the proceedings  had,  and  if  the
action  be  on the calendar of the court, same shall retain its place on
such calendar without the necessity of serving a new note of  issue  and
new notices of trial.
  S  25.  Subdivision 3 of section 199-a of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  3. Each employee and his or her  authorized  representative  shall  be
notified  in  writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI-
GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
of any award and collection of back wages and civil  penalties,  and  of
any intent to seek criminal penalties. In the event that criminal penal-
ties  are  sought  the employee and his or her authorized representative
shall be notified of the outcome of prosecution.
  S 26. Subdivision 2 of section 663 of the labor  law,  as  amended  by
chapter 564 of the laws of 2010, is amended to read as follows:
  2.  By commissioner. On behalf of any employee paid less than the wage
to which the employee is entitled under the provisions of this  article,
the  commissioner may bring any legal action necessary, including admin-
istrative action, to collect such  claim,  and  the  employer  shall  be
required  to  pay  the  full amount of the underpayment, plus costs, and
unless the employer proves a good faith basis to believe that its under-
payment was in compliance with the law, an additional amount  as  liqui-
dated damages. Liquidated damages shall be calculated by the commission-
er  as  no  more  than  one  hundred  percent  of  the  total  amount of
underpayments found to be due the employee. In any action brought by the
commissioner in a court of competent  jurisdiction,  liquidated  damages
shall  be calculated as an amount equal to one hundred percent of under-
payments found to be due the employee.  EACH  EMPLOYEE  OR  HIS  OR  HER
AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
ANY  LEGAL  ACTION  BROUGHT  ON  THE  EMPLOYEE'S BEHALF PURSUANT TO THIS
SECTION.
  S 27. Subdivision 5 of section 6201 of  the  civil  practice  law  and
rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered

S. 2232--A                         14

by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
is added to read as follows:
  5.  the  cause  of action is based on a judgment, decree or order of a
court of the United States or of any other court which  is  entitled  to
full  faith  and  credit in this state, or on a judgment which qualifies
for recognition under the provisions of article 53[.] OF  THIS  CHAPTER;
OR
  6.  THE  CAUSE  OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO  ANY  CLAIMS  OF
UNPAID,  MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID  COMMISSIONS,  UNPAID
BENEFITS  AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
TO 18 U.S.C. S 1595, 29 U.S.C. S 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND  PENALTIES  AUTHORIZED
PURSUANT  TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
MENT CONTRACT.
  S 28. Section 6210 of the civil practice law and rules,  as  added  by
chapter 860 of the laws of 1977, is amended to read as follows:
  S  6210.  Order  of attachment on notice; temporary restraining order;
contents. Upon a motion on notice for an order of attachment, the  court
may,  without  notice  to  the  defendant, grant a temporary restraining
order prohibiting the transfer of assets by a garnishee as  provided  in
subdivision  (b)  of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO
SUBDIVISION SIX OF SECTION  6201,  AND  IF  THE  EMPLOYER  CONTESTS  THE
MOTION,  THE  COURT  SHALL  HOLD  A  HEARING WITHIN TEN DAYS OF WHEN THE
EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR  ATTACHMENT  IS  DUE.  The
contents  of  the  order  of attachment granted pursuant to this section
shall be as provided in subdivision (a) of section 6211.
  S 29. Subdivision (b) of section 6211 of the civil  practice  law  and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
  (b)  Confirmation  of  order.  Except  where an order of attachment is
granted on the ground specified in subdivision one  OR  SIX  of  section
6201,  an  order of attachment granted without notice shall provide that
within a period not to exceed five days after levy, the plaintiff  shall
move,  on  such  notice  as the court shall direct to the defendant, the
garnishee, if any, and the sheriff, for an order confirming the order of
attachment. Where an order of attachment without notice  is  granted  on
the  ground  specified  in  subdivision  one OR SIX of section 6201, the
court shall direct that the statement required by section 6219 be served
within five days, that a copy thereof be served upon the plaintiff,  and
the  plaintiff  shall  move  within  ten  days  after  levy for an order
confirming the order of attachment. If the plaintiff  upon  such  motion
shall show that the statement has not been served and that the plaintiff
will  be unable to satisfy the requirement of subdivision (b) of section
6223 until the statement has been served, the court may grant one exten-
sion of the time to move for confirmation for a period not to exceed ten
days. If plaintiff fails to make such motion within the required period,
the order of attachment and any levy thereunder shall  have  no  further
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions  of  subdivision (b) of section 6223 shall apply. An order of
attachment granted without notice may provide that the  sheriff  refrain

S. 2232--A                         15

from  taking  any  property levied upon into his actual custody, pending
further order of the court.
  S  30. Subdivisions (b) and (e) of rule 6212 of the civil practice law
and rules, subdivision (b) as separately amended by chapters 15 and  860
of  the  laws of 1977 and subdivision (e) as added by chapter 860 of the
laws of 1977, are amended to read as follows:
  (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a  motion
for  an order of attachment, the plaintiff shall give an undertaking, in
a total amount fixed by the  court,  but  not  less  than  five  hundred
dollars,  a  specified part thereof conditioned that the plaintiff shall
pay to the defendant all costs and damages, including reasonable  attor-
ney's  fees,  which  may be sustained by reason of the attachment if the
defendant recovers judgment or if it is finally decided that the  plain-
tiff  was not entitled to an attachment of the defendant's property, and
the balance conditioned that the plaintiff shall pay to the sheriff  all
of his allowable fees.
  2.  ON  A  MOTION  FOR  AN  ATTACHMENT  PURSUANT TO SUBDIVISION SIX OF
SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN  ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE,  MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
  (e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT  IS  SOUGHT  ON
THE  GROUND  SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
shall be liable to the defendant for all costs  and  damages,  including
reasonable  attorney's  fees,  which  may  be sustained by reason of the
attachment if the defendant recovers  judgment,  or  if  it  is  finally
decided  that  the  plaintiff  was  not entitled to an attachment of the
defendant's property. Plaintiff's liability shall not be limited by  the
amount of the undertaking.
  S  31. Section 6223 of the civil practice law and rules, as amended by
chapter 860 of the laws of 1977, is amended to read as follows:
  S 6223. Vacating or modifying attachment.  (a)  Motion  to  vacate  or
modify.    Prior to the application of property or debt to the satisfac-
tion of a judgment, the defendant, the garnishee or any person having an
interest in the property or debt may move, on notice to each  party  and
the sheriff, for an order vacating or modifying the order of attachment.
Upon  the motion, the court may give the plaintiff a reasonable opportu-
nity to correct any defect. [If] EXCEPT AS  PROVIDED  UNDER  SUBDIVISION
(B),  IF,  after  the  defendant  has  appeared in the action, the court
determines that the attachment is unnecessary to  the  security  of  the
plaintiff, it shall vacate the order of attachment.  Such a motion shall
not of itself constitute an appearance in the action.
  (b)  Burden  of  proof.  [Upon] EXCEPT WHERE AN ORDER OF ATTACHMENT IS
GRANTED PURSUANT TO SUBDIVISION SIX OF SECTION 6201, UPON  a  motion  to
vacate  or  modify  an  order of attachment the plaintiff shall have the
burden of establishing the grounds for  the  attachment,  the  need  for
continuing  the  levy  and  the  probability that he will succeed on the
merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE  DEFENDANT  SHALL  HAVE
THE BURDEN TO DEMONSTRATE EXTRAORDINARY CIRCUMSTANCES IN ORDER TO VACATE
OR MODIFY THE ATTACHMENT ORDER.
  S 32. Paragraph (b) of section 624 of the business corporation law, as
amended  by  chapter  449  of  the  laws  of 1997, is amended to read as
follows:

S. 2232--A                         16

  (b) Any person who shall have been a shareholder of record of a corpo-
ration, OR WHO IS OR SHALL HAVE BEEN A  LABORER,  SERVANT  OR  EMPLOYEE,
upon  at least five days' written demand shall have the right to examine
in person or by agent or attorney,  during  usual  business  hours,  its
minutes  of the proceedings of its shareholders and record of sharehold-
ers and to make extracts therefrom for any purpose reasonably related to
such person's interest as a shareholder, LABORER, SERVANT  OR  EMPLOYEE.
Holders  of  voting trust certificates representing shares of the corpo-
ration shall be  regarded  as  shareholders  for  the  purpose  of  this
section.    Any  such agent or attorney shall be authorized in a writing
that satisfies the requirements of a  writing  under  paragraph  (b)  of
section  609  OF  THIS  ARTICLE  (Proxies).  A  corporation requested to
provide information pursuant to this paragraph shall make available such
information in written form and in any other format in which such infor-
mation is maintained by the corporation and shall  not  be  required  to
provide such information in any other format. If a request made pursuant
to  this  paragraph  includes a request to furnish information regarding
beneficial owners, the corporation shall make available such information
in its possession regarding beneficial owners  as  is  provided  to  the
corporation  by  a registered broker or dealer or a bank, association or
other entity that exercises fiduciary  powers  in  connection  with  the
forwarding  of  information to such owners. The corporation shall not be
required to obtain  information  about  beneficial  owners  not  in  its
possession.
  S  33.  Section  630 of the business corporation law, paragraph (a) as
amended by chapter 212 of the laws of 1984, paragraph (c) as amended  by
chapter 746 of the laws of 1963, is amended to read as follows:
S 630. Liability  of shareholders for wages due to laborers, servants or
         employees.
  (a) The ten largest shareholders, as determined by the fair  value  of
their beneficial interest as of the beginning of the period during which
the  unpaid services referred to in this section are performed, of every
corporation (other than an investment company registered as  such  under
an act of congress entitled "Investment Company Act of 1940"), no shares
of which are listed on a national securities exchange or regularly quot-
ed in an over-the-counter market by one or more members of a national or
an  affiliated  securities  association,  shall jointly and severally be
personally liable for all debts, wages or salaries due and owing to  any
of  its  laborers,  servants  or  employees  other than contractors, for
services performed by them for such corporation. [Before  such  laborer,
servant  or employee shall charge such shareholder for such services, he
shall give notice in writing to such shareholder that he intends to hold
him liable under this section.  Such notice shall be  given  within  one
hundred  and eighty days after termination of such services, except that
if, within such period, the laborer,  servant  or  employee  demands  an
examination of the record of shareholders under paragraph (b) of section
624 (Books and records; right of inspection, prima facie evidence), such
notice may be given within sixty days after he has been given the oppor-
tunity to examine the record of shareholders.  An action to enforce such
liability  shall  be commenced within ninety days after the return of an
execution unsatisfied against the corporation upon a judgment  recovered
against it for such services.]
  (b) For the purposes of this section, wages or salaries shall mean all
compensation  and  benefits payable by an employer to or for the account
of the employee for personal services rendered by such employee  INCLUD-
ING  ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S

S. 2232--A                         17

FEES OR COSTS.  These shall specifically include but not be  limited  to
salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
contributions to or payments of insurance or welfare benefits;  employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
  (c) A shareholder who has paid more than his pro rata share under this
section shall be entitled to contribution pro rata from the other share-
holders  liable  under  this section with respect to the excess so paid,
over and above his pro rata share, and may sue them jointly or severally
or any number of them to recover the amount due from them.  Such  recov-
ery  may  be  had  in a separate action. As used in this paragraph, "pro
rata" means in proportion to beneficial share interest. Before a  share-
holder  may  claim contribution from other shareholders under this para-
graph, he shall[, unless they have been given notice by a laborer, serv-
ant or employee under paragraph (a),] give them notice in  writing  that
he  intends to hold them so liable to him. Such notice shall be given by
him within twenty days after the date that [notice was given to him  by]
HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
LIABLE under paragraph (a).
  S  34. Subdivision (c) of section 609 of the limited liability company
law, as added by chapter 537 of the laws of 2014, is amended to read  as
follows:
  (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
section, the ten members with the largest percentage ownership interest,
as  determined as of the beginning of the period during which the unpaid
services referred to in this section are  performed,  of  every  limited
liability  company, shall jointly and severally be personally liable for
all debts, wages or salaries due and owing to any of its laborers, serv-
ants or employees, for services  performed  by  them  for  such  limited
liability  company.  [Before  such  laborer,  servant  or employee shall
charge such member for such services, he or she  shall  give  notice  in
writing to such member that he or she intends to hold such member liable
under this section. Such notice shall be given within one hundred eighty
days  after  termination  of  such  services.  An action to enforce such
liability shall be commenced within ninety days after the return  of  an
execution unsatisfied against the limited liability company upon a judg-
ment recovered against it for such services.] A member who has paid more
than  his  or her pro rata share under this section shall be entitled to
contribution pro rata from the other members liable under  this  section
with  respect  to the excess so paid, over and above his or her pro rata
share, and may sue them jointly or severally or any number  of  them  to
recover the amount due from them. Such recovery may be had in a separate
action.  As  used in this subdivision, "pro rata" means in proportion to
percentage ownership interest. Before a member  may  claim  contribution
from  other members under this section, he or she shall give them notice
in writing that he or she intends to hold them so liable to him or her.
  S 35. Section 1102 of the limited liability company law is amended  by
adding a new subdivision (e) to read as follows:
  (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE  OF  A  LIMITED  LIABILITY  COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN
DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT  OR  ATTOR-
NEY,  DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF
SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE  PERIOD  OF  TIME  DURING
WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
NY.  A  COMPANY  REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS PARA-
GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER

S. 2232--A                         18

FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND  SHALL
NOT  BE  REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.  UPON
REFUSAL BY THE COMPANY OR BY AN OFFICER  OR  AGENT  OF  THE  COMPANY  TO
PERMIT  AN  INSPECTION  OF  THE RECORDS DESCRIBED IN THIS PARAGRAPH, THE
PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE  SUPREME  COURT
IN  THE  JUDICIAL  DISTRICT  WHERE THE OFFICE OF THE COMPANY IS LOCATED,
UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR  AN  ORDER  DIRECTING  THE
COMPANY,  ITS  MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT
BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT  IS
QUALIFIED  AND  ENTITLED  TO  SUCH  INSPECTION, THE COURT SHALL GRANT AN
ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS  TO
THE  COURT  MAY  SEEM  JUST  AND PROPER. IF THE APPLICANT IS FOUND TO BE
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE  COMPANY  SHALL  PAY  ALL
REASONABLE  ATTORNEY'S  FEES  AND COSTS OF SAID APPLICANT RELATED TO THE
DEMAND FOR INSPECTION OF THE RECORDS.
  S 36. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law; provided, however, section thirty-four of this act
shall take effect on the same date and in the same manner as section  11
of chapter 537 of the laws of 2014, takes effect.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2232--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the lien law, in relation to employee  liens;  to  amend
  the  labor law, in relation to employee complaints; to amend the civil
  practice law and rules, in relation  to  grounds  for  attachment;  to
  amend the business corporation law, in relation to streamlining proce-
  dures  where  employees  may  hold shareholders of non-publicly traded
  corporations personally liable for wage theft; and to amend the limit-
  ed liability company law, in relation to creating a right for  victims
  of  wage  theft  to  hold  the  ten members with the largest ownership
  interests in a company personally liable for wage theft

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2 of the lien law is amended by adding three new
subdivisions 21, 22 and 23 to read as follows:
  21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE  THE  SAME  MEANING  AS "EMPLOYEE" PURSUANT TO THE LABOR LAW OR THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE  THE  SAME  MEANING  AS "EMPLOYER" PURSUANT TO THE LABOR LAW OR THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  23. WAGE CLAIM. THE TERM "WAGE CLAIM",  WHEN  USED  IN  THIS  CHAPTER,
MEANS  A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE
HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED  NINETY-THREE,  ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF  THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS PROMULGATED
BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00429-04-5

              

S. 2232--B                          2

EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A
CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C. S 206.
  S  2. Section 3 of the lien law, as amended by chapter 137 of the laws
of 1985, is amended to read as follows:
  S 3. Mechanic's lien  AND  EMPLOYEE'S  LIEN  on  [real]  property.  1.
MECHANIC'S  LIEN.  A  contractor,  subcontractor,  laborer, materialman,
landscape gardener, nurseryman or person or corporation selling fruit or
ornamental trees, roses, shrubbery, vines and small fruits, who performs
labor or furnishes materials for the improvement of real  property  with
the  consent  or  at  the request of the owner thereof, or of his agent,
contractor or subcontractor, and any trust fund to  which  benefits  and
wage  supplements  are  due or payable for the benefit of such laborers,
shall have a lien for the principal and interest, of the value,  or  the
agreed price, of such labor, including benefits and wage supplements due
or  payable  for  the benefit of any laborer, or materials upon the real
property improved or to be improved and upon such improvement, from  the
time  of  filing  a  notice  of such lien as prescribed in this chapter.
Where the contract for an improvement is made with a husband or wife and
the property belongs to the other or both, the husband or wife contract-
ing shall also be presumed to be the agent of  the  other,  unless  such
other  having  knowledge of the improvement shall, within ten days after
learning of the contract give the contractor written notice  of  his  or
her  refusal  to  consent  to the improvement. Within the meaning of the
provisions of this chapter, materials actually manufactured for but  not
delivered  to  the  real  property, shall also be deemed to be materials
furnished.
  2. EMPLOYEE'S LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT  TERM  IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
HAVE  A  LIEN ON HIS EMPLOYER'S PROPERTY FOR THE VALUE OF THE WAGE CLAIM
ARISING OUT OF THE EMPLOYMENT, FROM THE TIME OF FILING A NOTICE OF  SUCH
LIEN  AS  PRESCRIBED IN THIS CHAPTER. AN EMPLOYEE'S LIEN BASED ON A WAGE
CLAIM MAY BE HAD AGAINST THE EMPLOYER'S REAL PROPERTY AND AGAINST ANY OF
THE EMPLOYER'S PERSONAL PROPERTY  THAT  CAN  BE  SUFFICIENTLY  DESCRIBED
WITHIN  THE  MEANING  OF  SECTION  9-108 OF THE UNIFORM COMMERCIAL CODE,
EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND TO ACCOUNTS OR GOODS  AS
THOSE TERMS ARE DEFINED IN SECTION 9-102 OF THE UNIFORM COMMERCIAL CODE.
  S  3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1
as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
by chapter 704 of the laws of 1985, are amended to read as follows:
  (1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
REAL PROPERTY shall extend to the owner's right, title  or  interest  in
the  real  property and improvements, existing at the time of filing the
notice of lien, or thereafter acquired, except as  hereinafter  in  this
article provided. If an owner assigns his interest in such real property
by a general assignment for the benefit of creditors, within thirty days
prior  to  such  filing,  the  lien  shall  extend  to the interest thus
assigned. If any part of the real property subjected  to  such  lien  be
removed  by  the  owner  or  by any other person, at any time before the
discharge thereof, such removal shall  not  affect  the  rights  of  the
lienor, either in respect to the remaining real property, or the part so
removed.  If  labor  is  performed  for,  or  materials  furnished to, a
contractor or subcontractor for  an  improvement,  the  MECHANIC'S  lien
shall  not  be  for  a sum greater than the sum earned and unpaid on the
contract at the time of filing the notice of lien, and  any  sum  subse-
quently  earned  thereon. In no case shall the owner be liable to pay by
reason of all MECHANIC'S liens created pursuant to this  article  a  sum

S. 2232--B                          3

greater  than  the  value  or  agreed  price  of the labor and materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
  (2)  [Such]  A  MECHANIC'S  OR EMPLOYEE'S lien shall not extend to the
owner's right, title or interest  in  real  property  and  improvements,
existing  at  the  time of filing the notice of lien if such lien arises
from the failure of a lessee of the right to explore, develop or produce
natural gas or oil, to pay for, compensate or render value for  improve-
ments  made  with  the  consent  or  at  the request of such lessee by a
contractor, subcontractor, materialman,  equipment  operator  or  owner,
landscaper,  nurseryman,  or person or corporation who performs labor or
furnishes materials for the exploration, development, or  production  of
oil  or  natural  gas  or  otherwise improves such leased property. Such
MECHANIC'S OR EMPLOYEE'S lien shall extend to the improvements made  for
the  exploration, development and production of oil and natural gas, and
the working interest held by a lessee of the right to  explore,  develop
or produce oil and natural gas.
  S  4. The opening paragraph of section 4-a of the lien law, as amended
by chapter 696 of the laws of 1959, is amended to read as follows:
  The proceeds of any insurance which by the terms  of  the  policy  are
payable to the owner of real property improved, and actually received or
to  be  received by him because of the destruction or removal by fire or
other casualty of an improvement on which lienors have  performed  labor
or services or for which they have furnished materials, OR UPON WHICH AN
EMPLOYEE  HAS  ESTABLISHED AN EMPLOYEE'S LIEN, shall after the owner has
been reimbursed therefrom for premiums paid by him,  if  any,  for  such
insurance,  be  subject to liens provided by this act to the same extent
and in the same order of priority as the real property would  have  been
had such improvement not been so destroyed or removed.
  S  5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended
by chapter 515 of the laws of 1929, are amended to read as follows:
  1. The name OF THE LIENOR, and EITHER THE residence of the  lienor  OR
THE  NAME  AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY; and if
the lienor is a partnership or a corporation, the  business  address  of
such  firm, or corporation, the names of partners and principal place of
business, and if a foreign corporation, its principal place of  business
within the state.
  2. The name of the owner of the [real] property against whose interest
therein a lien is claimed, and the interest of the owner as far as known
to the lienor.
  5. The amount unpaid to the lienor for such labor or materials, OR THE
AMOUNT  OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR ESTABLISHMENT
OF THE LIEN.
  S 6. Subdivision 1 of section 10 of the lien law, as amended by  chap-
ter 367 of the laws of 2011, is amended to read as follows:
  1.  (A)  Notice of MECHANIC'S lien may be filed at any time during the
progress of the work and the furnishing of  the  materials,  or,  within
eight months after the completion of the contract, or the final perform-
ance  of the work, or the final furnishing of the materials, dating from
the last item of work performed or materials furnished; provided, howev-
er, that where the improvement is related to real property  improved  or
to  be  improved with a single family dwelling, the notice of MECHANIC'S
lien may be filed at any time during the progress of the  work  and  the
furnishing of the materials, or, within four months after the completion
of  the  contract,  or  the  final performance of the work, or the final
furnishing of the materials, dating from the last item of work performed

S. 2232--B                          4

or materials furnished; and provided further where the notice of MECHAN-
IC'S lien is for retainage, the notice of MECHANIC'S lien may  be  filed
within  ninety days after the date the retainage was due to be released;
except  that  in  the case of a MECHANIC'S lien by a real estate broker,
the notice of MECHANIC'S lien may be filed only after the performance of
the brokerage services and execution of lease by both lessor and  lessee
and  only  if  a  copy of the alleged written agreement of employment or
compensation is annexed to the notice of lien, provided that  where  the
payment  pursuant to the written agreement of employment or compensation
is to be made in installments, then a notice of lien may be filed within
eight months after the final payment is due, but in no event later  than
a date five years after the first payment was made. For purposes of this
section,  the term "single family dwelling" shall not include a dwelling
unit which is a part of a subdivision that has been filed with a munici-
pality in which the subdivision is located when at the time the lien  is
filed,  such  property  in the subdivision is owned by the developer for
purposes other  than  his  personal  residence.  For  purposes  of  this
section,  "developer"  shall  mean  and  include any private individual,
partnership, trust or corporation which improves two or more parcels  of
real  property  with single family dwellings pursuant to a common scheme
or plan. [The]
  (B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER  THAN
SIX  YEARS  FOLLOWING  THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE
CLAIM.
  (C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
be filed in the clerk's office of the county where the property is situ-
ated. If such property is situated in two or more counties,  the  notice
of  lien shall be filed in the office of the clerk of each of such coun-
ties. The county clerk of each county shall provide and keep a  book  to
be  called  the  "lien docket," which shall be suitably ruled in columns
headed "owners," "lienors," "lienor's attorney,"  "property,"  "amount,"
"time of filing," "proceedings had," in each of which he shall enter the
particulars  of  the  notice, properly belonging therein. The date, hour
and minute of the filing of each notice of lien shall be entered in  the
proper  column.  Except  where the county clerk maintains a block index,
the names of the owners shall be arranged in such book  in  alphabetical
order.  The  validity of the lien and the right to file a notice thereof
shall not be affected by the death of the owner  before  notice  of  the
lien is filed.  A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
FILED,  TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
  S 7. Section 11 of the lien law, as amended by chapter 147 of the laws
of 1996, is amended to read as follows:
  S 11. Service of copy of notice of lien.  1. Within five  days  before
or  thirty days after filing the notice of A MECHANIC'S lien, the lienor
shall serve a copy of such notice upon the owner, if a  natural  person,
(a)  by delivering the same to him personally, or if the owner cannot be
found, to his agent or attorney, or (b) by leaving it at his last  known
place  of  residence  in  the city or town in which the real property or
some part thereof is  situated,  with  a  person  of  suitable  age  and
discretion, or (c) by registered or certified mail addressed to his last
known  place of residence, or (d) if such owner has no such residence in
such city or town, or cannot be found, and he has no agent or  attorney,
by  affixing  a copy thereof conspicuously on such property, between the
hours of nine o'clock in the forenoon and four o'clock in the afternoon;
if the owner be a corporation, said service shall be made (i) by  deliv-

S. 2232--B                          5

ering  such copy to and leaving the same with the president, vice-presi-
dent, secretary or clerk to the corporation, the cashier, treasurer or a
director or managing agent thereof, personally,  within  the  state,  or
(ii) if such officer cannot be found within the state by affixing a copy
thereof conspicuously on such property between the hours of nine o'clock
in  the  forenoon  and four o'clock in the afternoon, or (iii) by regis-
tered or certified mail addressed to its last known place  of  business.
Failure  to  file  proof  of such a service with the county clerk within
thirty-five days after the notice of lien is filed shall  terminate  the
notice  as  a  lien. Until service of the notice has been made, as above
provided, an owner, without knowledge of the lien, shall be protected in
any payment made in good faith to any contractor or other person  claim-
ing a lien.
  2.  WITHIN  FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE NOTICE OF
AN EMPLOYEE'S LIEN, THE LIENOR SHALL SERVE A COPY OF  SUCH  NOTICE  UPON
THE  EMPLOYER,  IF  A  NATURAL PERSON, (A) BY DELIVERING THE SAME TO HIM
PERSONALLY, OR IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT  OR  ATTOR-
NEY,  OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR BUSI-
NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
OR CERTIFIED MAIL ADDRESSED TO HIS LAST  KNOWN  PLACE  OF  RESIDENCE  OR
BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
THEREOF  CONSPICUOUSLY  ON  SUCH  PROPERTY,  BETWEEN  THE  HOURS OF NINE
O'CLOCK IN THE FORENOON AND  FOUR  O'CLOCK  IN  THE  AFTERNOON;  IF  THE
EMPLOYER  BE A CORPORATION, SAID SERVICE SHALL BE MADE (I) BY DELIVERING
SUCH COPY TO AND LEAVING THE SAME WITH  THE  PRESIDENT,  VICE-PRESIDENT,
SECRETARY  OR  CLERK  TO  THE  CORPORATION,  THE CASHIER, TREASURER OR A
DIRECTOR OR MANAGING AGENT THEREOF, PERSONALLY,  WITHIN  THE  STATE,  OR
(II) IF SUCH OFFICER CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY
THEREOF CONSPICUOUSLY ON SUCH PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK
IN  THE  FORENOON  AND FOUR O'CLOCK IN THE AFTERNOON, OR (III) BY REGIS-
TERED OR CERTIFIED MAIL ADDRESSED TO ITS LAST KNOWN PLACE  OF  BUSINESS,
OR  (IV)  BY DELIVERY TO THE SECRETARY OF THE DEPARTMENT OF STATE IN THE
SAME MANNER AS REQUIRED BY PARAGRAPH ONE OF SUBDIVISION (B)  OF  SECTION
306  OF  THE  BUSINESS CORPORATION LAW.  FAILURE TO FILE PROOF OF SUCH A
SERVICE WITH THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER  THE  NOTICE
OF  LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE OF
THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE
OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY
OTHER PERSON CLAIMING A LIEN.
  S 8. Section 11-b of the lien law, as amended by chapter  147  of  the
laws of 1996, is amended to read as follows:
  S  11-b.  Copy of notice of MECHANIC'S lien to a contractor or subcon-
tractor.  Within five days before or thirty days after filing  a  notice
of MECHANIC'S lien in accordance with section ten of this chapter or the
filing  of  an amendment of notice of MECHANIC'S lien in accordance with
section twelve-a of this chapter the lienor shall serve a copy  of  such
notice  or amendment by certified mail on the contractor, subcontractor,
assignee or legal representative for whom he was employed or to whom  he
furnished materials or if the lienor is a contractor or subcontractor to
the  person,  firm  or  corporation  with  whom the contract was made. A
lienor having a direct contractual relationship with a subcontractor  or
a sub-subcontractor but not with a contractor shall also serve a copy of
such notice or amendment by certified mail to the contractor. Failure to
file  proof  of  such a service with the county clerk within thirty-five
days after the notice of lien is filed shall terminate the notice  as  a
lien. Any lienor, or a person acting on behalf of a lienor, who fails to

S. 2232--B                          6

serve  a  copy  of  the  notice  of  MECHANIC'S lien as required by this
section shall be  liable  for  reasonable  attorney's  fees,  costs  and
expenses, as determined by the court, incurred in obtaining such copy.
  S  9.  Subdivision  1  of  section 12-a of the lien law, as amended by
chapter 1048 of the laws of 1971, is amended to read as follows:
  1. Within sixty days after the original filing, a lienor may amend his
lien upon twenty days notice to existing  lienors,  mortgagees  and  the
owner,  provided  that  no action or proceeding to enforce or cancel the
mechanics' lien OR EMPLOYEE'S LIEN has  been  brought  in  the  interim,
where  the purpose of the amendment is to reduce the amount of the lien,
except the question of wilful exaggeration shall survive such amendment.
  S 10. Subdivision 1 of section 13 of the lien law, as amended by chap-
ter 878 of the laws of 1947, is amended to read as follows:
  (1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
performed in the improvement of real property, shall have priority  over
a  conveyance,  mortgage,  judgment or other claim against such property
not recorded, docketed or filed at the time of the filing of the  notice
of  such  lien,  except  as  hereinafter  in this chapter provided; over
advances made upon any mortgage or other encumbrance thereon after  such
filing,  except  as  hereinafter  in this article provided; and over the
claim of a creditor who has not furnished materials or  performed  labor
upon such property, if such property has been assigned by the owner by a
general  assignment  for  the  benefit  of creditors, within thirty days
before the filing of either of such notices; and also over an attachment
hereafter issued or a money judgment hereafter recovered upon  a  claim,
which,  in  whole  or  in  part,  was not for materials furnished, labor
performed or moneys advanced for the improvement of such real  property;
and  over  any claim or lien acquired in any proceedings upon such judg-
ment. Such liens shall also have priority  over  advances  made  upon  a
contract  by an owner for an improvement of real property which contains
an option to the contractor, his successor or assigns  to  purchase  the
property, if such advances were made after the time when the labor began
or  the first item of material was furnished, as stated in the notice of
lien. If several buildings are demolished, erected, altered or repaired,
or several pieces or parcels of real property are  improved,  under  one
contract,  and  there  are  conflicting liens thereon, each lienor shall
have priority upon the particular part of the real property or upon  the
particular  building  or  premises  where  his labor is performed or his
materials are used. Persons shall have no priority  on  account  of  the
time of filing their respective notices of liens, but all liens shall be
on  a  parity except as hereinafter in section fifty-six of this chapter
provided; and except that in all cases  laborers  for  daily  or  weekly
wages  WITH  A  MECHANIC'S  LIEN, AND EMPLOYEES WITH AN EMPLOYEE'S LIEN,
shall have preference over all other claimants under this article.
  S 11. Section 17 of the lien law, as amended by  chapter  324  of  the
laws of 2000, is amended to read as follows:
  S  17.  Duration  of lien. 1. (A) No MECHANIC'S lien specified in this
article shall be a lien for a longer period  than  one  year  after  the
notice  of  lien  has  been  filed, unless within that time an action is
commenced to foreclose the lien, and a notice of the  pendency  of  such
action,  whether  in  a  court of record or in a court not of record, is
filed with the county clerk of the county in which the notice of lien is
filed, containing the names of the parties to the action, the object  of
the  action,  a brief description of the real property affected thereby,
and the time of filing the notice of lien; or  unless  an  extension  to
such lien, except for a lien on real property improved or to be improved

S. 2232--B                          7

with  a  single  family  dwelling, is filed with the county clerk of the
county in which the notice of lien is filed within  one  year  from  the
filing  of  the  original  notice of lien, continuing such lien and such
lien  shall  be redocketed as of the date of filing such extension. Such
extension shall contain the names of the lienor and  the  owner  of  the
real  property  against  whose  interest therein such lien is claimed, a
brief description of the real property affected by such lien, the amount
of such lien, and the date of filing the notice of lien. No  lien  shall
be  continued  by  such extension for more than one year from the filing
thereof. In the event an action is not commenced to foreclose  the  lien
within  such  extended period, such lien shall be extinguished unless an
order be granted by a court of record or a  judge  or  justice  thereof,
continuing  such  lien, and such lien shall be redocketed as of the date
of granting such order and a statement made that such lien is  continued
by  virtue  of  such  order.  A  lien on real property improved or to be
improved with a single family dwelling may only be extended by an  order
of  a  court  of record, or a judge or justice thereof. No lien shall be
continued by court order for more than one year from the granting there-
of, but a new order and entry may be made  in  each  of  two  successive
years.  If  a  lienor  is made a party defendant in an action to enforce
another lien, and the plaintiff or such defendant has filed a notice  of
the  pendency  of the action within the time prescribed in this section,
the lien of such defendant is thereby continued. Such  action  shall  be
deemed an action to enforce the lien of such defendant lienor. The fail-
ure to file a notice of pendency of action shall not abate the action as
to any person liable for the payment of the debt specified in the notice
of  lien,  and  the  action  may  be prosecuted to judgment against such
person. The provisions of this section in  regard  to  continuing  liens
shall  apply to liens discharged by deposit or by order on the filing of
an undertaking. Where a lien is discharged by deposit  or  by  order,  a
notice of pendency of action shall not be filed.
  (B) A lien, the duration of which has been extended by the filing of a
notice  of  the pendency of an action as above provided, shall neverthe-
less terminate as a lien after such notice has been canceled as provided
in section sixty-five hundred fourteen of the  civil  practice  law  and
rules  or  has ceased to be effective as constructive notice as provided
in section sixty-five hundred thirteen of the  civil  practice  law  and
rules.
  2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
ER  PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED, UNLESS
AN EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF  THE  COUNTY
IN  WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING OF
THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL
CONTAIN THE NAMES OF THE LIENOR AND  THE  OWNER  OF  THE  REAL  PROPERTY
AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION
OF  THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND THE
DATE OF FILING THE NOTICE OF LIEN.  NO LIEN SHALL BE CONTINUED  BY  SUCH
EXTENSION  FOR  MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE EVENT
AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE  CLAIM  OR  TO
FORECLOSE  THE  LIEN  WITHIN  SUCH  EXTENDED  PERIOD, SUCH LIEN SHALL BE
EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A  JUDGE
OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
ETED  AS  OF  THE  DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.

S. 2232--B                          8

  (B) NO EMPLOYEE'S LIEN ON PERSONAL PROPERTY SHALL  BE  A  LIEN  FOR  A
LONGER  PERIOD  THAN  ONE  YEAR  AFTER  THE FINANCING STATEMENT HAS BEEN
RECORDED, UNLESS AN EXTENSION TO SUCH LIEN, IS  FILED  WITH  THE  FILING
OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
FILING  OF  THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH LIEN. SUCH
EXTENSION SHALL CONTAIN THE NAMES OF THE LIENOR AND  THE  OWNER  OF  THE
PROPERTY  AGAINST  WHOSE  INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF
DESCRIPTION OF THE PRIOR FINANCING STATEMENT TO  BE  EXTENDED,  AND  THE
DATE  OF FILING THE PRIOR FINANCING STATEMENT.  NO LIEN SHALL BE CONTIN-
UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
THE EVENT AN ACTION IS NOT COMMENCED TO  OBTAIN  JUDGMENT  ON  THE  WAGE
CLAIM  OR  TO  FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN
SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
REFILED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE  THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
  (C)  IF  A  LIENOR  IS  MADE A PARTY DEFENDANT IN AN ACTION TO ENFORCE
ANOTHER LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE  OF
THE  PENDENCY  OF THE ACTION WITHIN THE TIME PRESCRIBED IN THIS SECTION,
THE LIEN OF SUCH DEFENDANT IS THEREBY CONTINUED. SUCH  ACTION  SHALL  BE
DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
OF  LIEN,  AND  THE  ACTION  MAY  BE PROSECUTED TO JUDGMENT AGAINST SUCH
PERSON.  THE PROVISIONS OF THIS SECTION IN REGARD  TO  CONTINUING  LIENS
SHALL  APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING OF
AN UNDERTAKING. WHERE A LIEN IS DISCHARGED BY DEPOSIT  OR  BY  ORDER,  A
NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
  (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
ACTION  OR  AN  ACTION TO OBTAIN A JUDGMENT ON THE WAGE CLAIM WITHIN ONE
YEAR FROM THE FILING OF THE NOTICE OF  LIEN  ON  REAL  PROPERTY  OR  THE
RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
HUNDRED  TWENTY  DAYS  FOLLOWING  THE  ENTRY  OF  FINAL JUDGMENT IN SUCH
ACTION, UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR  ADMINISTRATIVE
ORDER  IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR COMMENCES
A FORECLOSURE ACTION, IN WHICH INSTANCE THE LIEN SHALL BE  VALID  DURING
THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
PENDENCY  OF  A  FORECLOSURE ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON
THE WAGE CLAIM, THE LIENOR SHALL FILE A  NOTICE  OF  SUCH  PENDENCY  AND
EXTENSION  WITH  THE  COUNTY  CLERK OF THE COUNTY IN WHICH THE NOTICE OF
LIEN IS FILED, CONTAINING THE NAMES OF THE PARTIES TO  THE  ACTION,  THE
OBJECT  OF  THE  ACTION,  A  BRIEF  DESCRIPTION OF THE PROPERTY AFFECTED
THEREBY, AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF  A
LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
IZED  TO  ACCEPT  FINANCING  STATEMENTS PURSUANT TO SECTION 9-501 OF THE
UNIFORM COMMERCIAL CODE. FOR PURPOSES OF  THIS  SECTION,  AN  ACTION  TO
OBTAIN  JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY COURT
OF COMPETENT JURISDICTION OR  THE  SUBMISSION  OF  A  COMPLAINT  TO  THE
DEPARTMENT  OF  LABOR.  AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE
CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
COMPLAINT.
  (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED,  SHALL  NEVERTHE-

S. 2232--B                          9

LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  FOURTEEN OF THE CIVIL PRACTICE LAW AND
RULES OR HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE  AS  PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  THIRTEEN OF THE CIVIL PRACTICE LAW AND
RULES.
  S 12. Subdivision 2 of section 19 of the lien law, as amended by chap-
ter 310 of the laws of 1962, is amended to read as follows:
  (2) By failure to begin an action to foreclose such lien or to  secure
an  order  continuing  it,  within  one year from the time of filing the
notice of lien, unless (I) an action be begun within the same period  to
foreclose  a  mortgage or another mechanic's lien upon the same property
or any part thereof and a notice of pendency of  such  action  is  filed
according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
A  WAGE  CLAIM  PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN OF THIS
ARTICLE, but a lien, the duration of which  has  been  extended  by  the
filing  of  a  notice  of  the pendency of an action as herein provided,
shall nevertheless terminate as  a  lien  after  such  notice  has  been
cancelled or has ceased to be effective as constructive notice.
  S  13.  Section  24  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 24. Enforcement of [mechanic's] lien. The [mechanics'] liens  speci-
fied  in  this article may be enforced against the property specified in
the notice of lien and which is subject thereto and against  any  person
liable  for  the  debt  upon which the lien is founded, as prescribed in
article three of this chapter.
  S 14. Section 26 of the lien law, as amended by  chapter  373  of  the
laws of 1977, is amended to read as follows:
  S  26.  Subordination  of liens after agreement with owner. In case an
owner of real property shall execute to one or more persons, or a corpo-
ration, as trustee or trustees, a bond and mortgage or a note and  mort-
gage  affecting  such  property in whole or in part, or an assignment of
the moneys due or to become due under a contract for a building loan  in
relation  to  such property, and in case such mortgage, if any, shall be
recorded in the office of the register of the  county  where  such  real
property  is  situated,  or  if  such county has no register then in the
office of the clerk of such county, and in case such assignment, if any,
shall be filed in the office of the clerk of the county where such  real
property  is  situated;  and  in  case lienors having [mechanics'] liens
against said real property, notices of which have been filed up  to  and
not  later than fifteen days after the recording of such mortgage or the
filing of such assignment, and which liens have not been  discharged  as
in  this  article  provided, shall, to the extent of at least fifty-five
per centum of the aggregate amount for which such notices of liens  have
been so filed, approve such bond and mortgage or such note and mortgage,
if  any, and such assignment, if any, by an instrument or instruments in
writing, duly acknowledged and filed in the office of such county clerk,
then all mechanics' liens for  labor  performed  or  material  furnished
prior  to  the  recording of such mortgage or filing of such assignment,
whether notices thereof have been theretofore or  are  thereafter  filed
and which have not been discharged as in this article provided, shall be
subordinate  to  the  lien of such trust bond and mortgage or such trust
note and mortgage to the extent of the aggregate amount of  all  certif-
icates  of interest therein issued by such trustee or trustees, or their
successors, for moneys loaned, materials furnished, labor performed  and
any  other  indebtedness  incurred  after said trust mortgage shall have
been recorded, and for expenses in connection with said trust  mortgage,

S. 2232--B                         10

and  shall  also  be subordinate to the lien of the bond and mortgage or
note and mortgage, given to secure the  amount  agreed  to  be  advanced
under  such  contract  for  a  building loan to the extent of the amount
which  shall be advanced by the holder of such bond and mortgage or such
note and mortgage to the trustee or trustees, or their successors, under
such assignment. The provisions of this section shall apply to all bonds
and mortgages and notes and mortgages and all assignments of moneys due,
or to become due under building loan contracts executed by  such  owner,
in like manner, and recorded or filed, from time to time as hereinbefore
provided.  In  case of an assignment to trustees under the provisions of
this section, the trustees and their successors shall be the  agents  of
the assignor to receive and receipt for any and all sums advanced by the
holder  of the building loan bond and mortgage or the building loan note
and mortgage under the building loan contract and  such  assignment.  No
lienor  shall  have  any priority over the bond and mortgage or note and
mortgage given to secure the money agreed to be advanced under a  build-
ing loan contract or over the advances made thereunder, by reason of any
act preceding the making and approval of such assignment.
  S  15.  Section  38  of the lien law, as amended by chapter 859 of the
laws of 1930, is amended to read as follows:
  S 38. Itemized statement may be required of lienor. A lienor  who  has
filed  a  notice of MECHANIC'S lien shall, on demand in writing, deliver
to the owner or contractor making such demand  a  statement  in  writing
which  shall  set forth the items of labor and/or material and the value
thereof which make up the amount for which he claims a lien,  and  which
shall  also  set  forth the terms of the contract under which such items
were furnished.  A LIENOR WHO HAS FILED A NOTICE OF EMPLOYEE LIEN SHALL,
ON DEMAND IN WRITING, DELIVER TO  THE  EMPLOYER  MAKING  SUCH  DEMAND  A
STATEMENT  IN  WRITING WHICH SHALL SET FORTH THE ITEMS OF THE WAGE CLAIM
AND THE VALUE THEREOF WHICH MAKE UP THE AMOUNT FOR  WHICH  HE  CLAIMS  A
LIEN.  The statement shall be verified by the lienor or his agent in the
form required for the verification of notices in section  nine  of  this
chapter.  If  the  lienor shall fail to comply with such a demand within
five days after the same shall have been made by the EMPLOYER, owner  or
contractor,  or  if  the  lienor delivers an insufficient statement, the
person aggrieved may petition the supreme court of  this  state  or  any
justice  thereof,  or  the county court of the county where the premises
are situated, or the county judge of such county for an order  directing
the  lienor within a time specified in the order to deliver to the peti-
tioner the statement required by this section. Two days' notice in writ-
ing of such application shall be served upon the  lienor.  Such  service
shall  be made in the manner provided by law for the personal service of
a summons. The court or a  justice  or  judge  thereof  shall  hear  the
parties  and  upon being satisfied that the lienor has failed, neglected
or refused to comply with the requirements of this section shall have an
appropriate order directing such compliance. In case the lienor fails to
comply with the order so made within the time specified, then upon  five
days' notice to the lienor, served in the manner provided by law for the
personal  service  of a summons, the court or a justice or judge thereof
may make an order cancelling the lien.
  S 16. Section 39 of the lien law, as added by chapter 859 of the  laws
of 1930, is amended to read as follows:
  S  39.  Lien wilfully exaggerated is void. In any action or proceeding
to enforce a [mechanic's] lien upon a private or public  improvement  or
in  which  the validity of the lien is an issue, if the court shall find
that a lienor has wilfully exaggerated the amount for which he claims  a

S. 2232--B                         11

lien  as  stated in his notice of lien, his lien shall be declared to be
void and no recovery shall be had thereon. No such lienor shall  have  a
right  to file any other or further lien for the same claim. A second or
subsequent  lien  filed  in contravention of this section may be vacated
upon application to the court on two days' notice.
  S 17. Section 40 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  40.  Construction  of  article.  This article is to be construed in
connection with article two of this chapter,  and  provides  proceedings
for  the  enforcement  of  EMPLOYEE'S LIENS ON REAL PROPERTY, AS WELL AS
liens for labor performed and materials furnished in the improvement  of
real property, created by virtue of such article.
  S  18.  Section  41  of the lien law, as amended by chapter 807 of the
laws of 1952, is amended to read as follows:
  S 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
mechanic's lien OR EMPLOYEE'S LIEN on  real  property  may  be  enforced
against  such  property,  and  against a person liable for the debt upon
which the lien is founded, by an action, by the lienor, his assignee  or
legal  representative,  in the supreme court or in a county court other-
wise having jurisdiction, regardless of the amount of such debt, or in a
court which has jurisdiction in an action founded on a  contract  for  a
sum of money equivalent to the amount of such debt.
  S  19.  Section  43  of the lien law, as amended by section 310 of the
laws of 1962, is amended to read as follows:
  S 43. Action in a court  of  record;  consolidation  of  actions.  The
provisions  of the real property actions and proceedings law relating to
actions for the foreclosure of a mortgage upon real  property,  and  the
sale  and the distribution of the proceeds thereof apply to actions in a
court of record, to enforce mechanics' liens  AND  EMPLOYEES'  LIENS  on
real  property, except as otherwise provided in this article. If actions
are brought by different lienors in a court  of  record,  the  court  in
which  the  first  action was brought, may, upon its own motion, or upon
the application of any party in any of such actions, consolidate all  of
such actions.
  S  20.  Section  46  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 46. Action in a court not of record.  If  an  action  to  enforce  a
mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
court  not of record, it shall be commenced by the personal service upon
the owner of a summons and complaint verified in the same  manner  as  a
complaint  in  an  action  in  a court of record. The complaint must set
forth substantially the facts contained in the notice of lien,  and  the
substance  of  the  agreement under which the labor was performed or the
materials were furnished, OR IF THE LIEN IS BASED UPON A WAGE  CLAIM  AS
DEFINED  IN  SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH WAGE CLAIM.
The form and contents of the summons shall be the same  as  provided  by
law for the commencement of an action upon a contract in such court. The
summons  must  be  returnable  not less than twelve nor more than twenty
days after the date of the summons, or if service is  made  by  publica-
tion,  after  the  day  of the last publication of the summons.  Service
must be made at least eight days before the return day.
  S 21. Section 50 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  50.  Execution. Execution may be issued upon a judgment obtained in
an action to enforce a mechanic's lien OR  AN  EMPLOYEE'S  LIEN  against
real  property  in a court not of record, which shall direct the officer

S. 2232--B                         12

to sell the title and interest of the owner in the premises, upon  which
the  lien  set  forth in the complaint existed at the time of filing the
notice of lien.
  S  22.  Section  53  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 53. Costs and disbursements. If an action is brought  to  enforce  a
mechanic's  lien  OR AN EMPLOYEE'S LIEN against real property in a court
of record, the costs and disbursements shall rest in the  discretion  of
the  court,  and  may  be  awarded to the prevailing party. The judgment
rendered in such an action shall include the amount of  such  costs  and
specify  to whom and by whom the costs are to be paid. If such action is
brought in a court not of record, they shall be the same as  allowed  in
civil  actions  in  such  court.  The  expenses  incurred in serving the
summons by publication may be added to the amount of costs  now  allowed
in such court.
  S  23.  Section  59  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
deposit, by order of court. 1. A mechanic's lien  notice  of  which  has
been filed on real property or a bond given to discharge the same may be
vacated  and cancelled or a deposit made to discharge a lien pursuant to
section twenty may be returned, by an order of a court of record. Before
such order shall be granted, a notice shall be served upon  the  lienor,
either personally or by leaving it as his last known place of residence,
with  a  person  of  suitable  age, with directions to deliver it to the
lienor. Such notice shall require the lienor to commence  an  action  to
enforce  the  lien, within a time specified in the notice, not less than
thirty days from the time of service, or show cause at a special term of
a court of record, or at a county court, in a county in which the  prop-
erty  is situated, at a time and place specified therein, why the notice
of lien filed or the bond given should not be vacated and cancelled,  or
the deposit returned, as the case may be. Proof of such service and that
the  lienor  has  not  commenced  the  action to foreclose such lien, as
directed in the notice, shall be made  by  affidavit,  at  the  time  of
applying for such order.
  2.  AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY
OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR  A
DEPOSIT  MADE  TO  DISCHARGE  A  LIEN  PURSUANT TO SECTION TWENTY MAY BE
RETURNED, BY AN ORDER OF A COURT OF RECORD.  BEFORE SUCH ORDER SHALL  BE
GRANTED,  A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER PERSONALLY OR
BY LEAVING IT AT HIS LAST KNOWN PLACE OF RESIDENCE OR  ATTORNEY'S  PLACE
OF  BUSINESS,  WITH A PERSON OF SUITABLE AGE, WITH DIRECTIONS TO DELIVER
IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE LIENOR  TO  COMMENCE  AN
ACTION  TO ENFORCE THE LIEN, OR TO COMMENCE AN ACTION TO OBTAIN JUDGMENT
ON THE WAGE CLAIM UPON WHICH THE LIEN WAS  ESTABLISHED,  WITHIN  A  TIME
SPECIFIED  IN  THE  NOTICE,  NOT  LESS THAN NINETY DAYS FROM THE TIME OF
SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A COURT OF RECORD, OR  AT  A
COUNTY  COURT,  IN A COUNTY IN WHICH THE PROPERTY IS SITUATED, AT A TIME
AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF LIEN FILED  OR  THE  BOND
GIVEN  SHOULD  NOT BE VACATED AND CANCELLED, OR THE DEPOSIT RETURNED, AS
THE CASE MAY BE. PROOF OF SUCH SERVICE  AND  THAT  THE  LIENOR  HAS  NOT
COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN ACTION TO OBTAIN JUDG-
MENT  ON THE WAGE CLAIM UPON WHICH THE LIEN WAS ESTABLISHED, AS DIRECTED
IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE TIME OF  APPLYING  FOR
SUCH ORDER.

S. 2232--B                         13

  S  24.  Section  62  of the lien law, as amended by chapter 697 of the
laws of 1934, is amended to read as follows:
  S 62. Bringing in new parties. A lienor who has filed a notice of lien
after the commencement of an action in a court of record to foreclose or
enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
a  public  improvement,  may  at  any  time  up to and including the day
preceding the day on which the trial of such action is  commenced,  make
application upon notice to the plaintiff or his attorney in such action,
to  be made a party therein. Upon good cause shown, the court must order
such lienor to be brought in by amendment. If the application is made by
any other party in said action to make such lienor  or  other  person  a
party,  the  court  may  in  its  discretion direct such lienor or other
person to be brought in by like amendment. The order to  be  entered  on
such  application  shall  provide the time for and manner of serving the
pleading of such additional lienor or other person and shall direct that
the pleadings, papers and proceedings of the other  several  parties  in
such action, shall be deemed amended, so as not to require the making or
serving  of  papers  other than said order to effectuate such amendment,
and shall further provide that the allegations in  the  answer  of  such
additional lienor or other person shall, for the purposes of the action,
be  deemed  denied  by the other parties therein. The action shall be so
conducted by the court as not to cause substantially any  delay  in  the
trial  thereof.    The  bringing  in  of such additional lienor or other
person shall be without prejudice to the proceedings  had,  and  if  the
action  be  on the calendar of the court, same shall retain its place on
such calendar without the necessity of serving a new note of  issue  and
new notices of trial.
  S  25.  Subdivision 3 of section 199-a of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  3. Each employee and his or her  authorized  representative  shall  be
notified  in  writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI-
GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
of any award and collection of back wages and civil  penalties,  and  of
any intent to seek criminal penalties. In the event that criminal penal-
ties  are  sought  the employee and his or her authorized representative
shall be notified of the outcome of prosecution.
  S 26. Subdivision 2 of section 663 of the labor  law,  as  amended  by
chapter 564 of the laws of 2010, is amended to read as follows:
  2.  By commissioner. On behalf of any employee paid less than the wage
to which the employee is entitled under the provisions of this  article,
the  commissioner may bring any legal action necessary, including admin-
istrative action, to collect such  claim,  and  the  employer  shall  be
required  to  pay  the  full amount of the underpayment, plus costs, and
unless the employer proves a good faith basis to believe that its under-
payment was in compliance with the law, an additional amount  as  liqui-
dated damages. Liquidated damages shall be calculated by the commission-
er  as  no  more  than  one  hundred  percent  of  the  total  amount of
underpayments found to be due the employee. In any action brought by the
commissioner in a court of competent  jurisdiction,  liquidated  damages
shall  be calculated as an amount equal to one hundred percent of under-
payments found to be due the employee.  EACH  EMPLOYEE  OR  HIS  OR  HER
AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
ANY  LEGAL  ACTION  BROUGHT  ON  THE  EMPLOYEE'S BEHALF PURSUANT TO THIS
SECTION.
  S 27. Subdivision 5 of section 6201 of  the  civil  practice  law  and
rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered

S. 2232--B                         14

by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
is added to read as follows:
  5.  the  cause  of action is based on a judgment, decree or order of a
court of the United States or of any other court which  is  entitled  to
full  faith  and  credit in this state, or on a judgment which qualifies
for recognition under the provisions of article 53[.] OF  THIS  CHAPTER;
OR
  6.  THE  CAUSE  OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO  ANY  CLAIMS  OF
UNPAID,  MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID  COMMISSIONS,  UNPAID
BENEFITS  AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
TO 18 U.S.C. S 1595, 29 U.S.C. S 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND  PENALTIES  AUTHORIZED
PURSUANT  TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
MENT CONTRACT.
  S 28. Section 6210 of the civil practice law and rules,  as  added  by
chapter 860 of the laws of 1977, is amended to read as follows:
  S  6210.  Order  of attachment on notice; temporary restraining order;
contents. Upon a motion on notice for an order of attachment, the  court
may,  without  notice  to  the  defendant, grant a temporary restraining
order prohibiting the transfer of assets by a garnishee as  provided  in
subdivision  (b)  of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO
SUBDIVISION SIX OF SECTION  6201,  AND  IF  THE  EMPLOYER  CONTESTS  THE
MOTION,  THE  COURT  SHALL  HOLD  A  HEARING WITHIN TEN DAYS OF WHEN THE
EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR  ATTACHMENT  IS  DUE.  The
contents  of  the  order  of attachment granted pursuant to this section
shall be as provided in subdivision (a) of section 6211.
  S 29. Subdivision (b) of section 6211 of the civil  practice  law  and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
  (b)  Confirmation  of  order.  Except  where an order of attachment is
granted on the ground specified in subdivision one  OR  SIX  of  section
6201,  an  order of attachment granted without notice shall provide that
within a period not to exceed five days after levy, the plaintiff  shall
move,  on  such  notice  as the court shall direct to the defendant, the
garnishee, if any, and the sheriff, for an order confirming the order of
attachment. Where an order of attachment without notice  is  granted  on
the  ground  specified  in  subdivision  one OR SIX of section 6201, the
court shall direct that the statement required by section 6219 be served
within five days, that a copy thereof be served upon the plaintiff,  and
the  plaintiff  shall  move  within  ten  days  after  levy for an order
confirming the order of attachment. If the plaintiff  upon  such  motion
shall show that the statement has not been served and that the plaintiff
will  be unable to satisfy the requirement of subdivision (b) of section
6223 until the statement has been served, the court may grant one exten-
sion of the time to move for confirmation for a period not to exceed ten
days. If plaintiff fails to make such motion within the required period,
the order of attachment and any levy thereunder shall  have  no  further
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions  of  subdivision (b) of section 6223 shall apply. An order of
attachment granted without notice may provide that the  sheriff  refrain

S. 2232--B                         15

from  taking  any  property levied upon into his actual custody, pending
further order of the court.
  S  30. Subdivisions (b) and (e) of rule 6212 of the civil practice law
and rules, subdivision (b) as separately amended by chapters 15 and  860
of  the  laws of 1977 and subdivision (e) as added by chapter 860 of the
laws of 1977, are amended to read as follows:
  (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a  motion
for  an order of attachment, the plaintiff shall give an undertaking, in
a total amount fixed by the  court,  but  not  less  than  five  hundred
dollars,  a  specified part thereof conditioned that the plaintiff shall
pay to the defendant all costs and damages, including reasonable  attor-
ney's  fees,  which  may be sustained by reason of the attachment if the
defendant recovers judgment or if it is finally decided that the  plain-
tiff  was not entitled to an attachment of the defendant's property, and
the balance conditioned that the plaintiff shall pay to the sheriff  all
of his allowable fees.
  2.  ON  A  MOTION  FOR  AN  ATTACHMENT  PURSUANT TO SUBDIVISION SIX OF
SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN  ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE,  MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
  (e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT  IS  SOUGHT  ON
THE  GROUND  SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
shall be liable to the defendant for all costs  and  damages,  including
reasonable  attorney's  fees,  which  may  be sustained by reason of the
attachment if the defendant recovers  judgment,  or  if  it  is  finally
decided  that  the  plaintiff  was  not entitled to an attachment of the
defendant's property. Plaintiff's liability shall not be limited by  the
amount of the undertaking.
  S  31. Section 6223 of the civil practice law and rules, as amended by
chapter 860 of the laws of 1977, is amended to read as follows:
  S 6223. Vacating or modifying attachment.  (a)  Motion  to  vacate  or
modify.    Prior to the application of property or debt to the satisfac-
tion of a judgment, the defendant, the garnishee or any person having an
interest in the property or debt may move, on notice to each  party  and
the sheriff, for an order vacating or modifying the order of attachment.
Upon  the motion, the court may give the plaintiff a reasonable opportu-
nity to correct any defect. [If] EXCEPT AS  PROVIDED  UNDER  SUBDIVISION
(B),  IF,  after  the  defendant  has  appeared in the action, the court
determines that the attachment is unnecessary to  the  security  of  the
plaintiff, it shall vacate the order of attachment.  Such a motion shall
not of itself constitute an appearance in the action.
  (b)  Burden  of  proof.  [Upon] EXCEPT WHERE AN ORDER OF ATTACHMENT IS
GRANTED PURSUANT TO SUBDIVISION SIX OF SECTION 6201, UPON  a  motion  to
vacate  or  modify  an  order of attachment the plaintiff shall have the
burden of establishing the grounds for  the  attachment,  the  need  for
continuing  the  levy  and  the  probability that he will succeed on the
merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE  DEFENDANT  SHALL  HAVE
THE BURDEN TO DEMONSTRATE EXTRAORDINARY CIRCUMSTANCES IN ORDER TO VACATE
OR MODIFY THE ATTACHMENT ORDER.
  S 32. Paragraph (b) of section 624 of the business corporation law, as
amended  by  chapter  449  of  the  laws  of 1997, is amended to read as
follows:

S. 2232--B                         16

  (b) Any person who shall have been a shareholder of record of a corpo-
ration, OR WHO IS OR SHALL HAVE BEEN A  LABORER,  SERVANT  OR  EMPLOYEE,
upon  at least five days' written demand shall have the right to examine
in person or by agent or attorney,  during  usual  business  hours,  its
minutes  of the proceedings of its shareholders and record of sharehold-
ers and to make extracts therefrom for any purpose reasonably related to
such person's interest as a shareholder, LABORER, SERVANT  OR  EMPLOYEE.
Holders  of  voting trust certificates representing shares of the corpo-
ration shall be  regarded  as  shareholders  for  the  purpose  of  this
section.    Any  such agent or attorney shall be authorized in a writing
that satisfies the requirements of a  writing  under  paragraph  (b)  of
section  609  OF  THIS  ARTICLE  (Proxies).  A  corporation requested to
provide information pursuant to this paragraph shall make available such
information in written form and in any other format in which such infor-
mation is maintained by the corporation and shall  not  be  required  to
provide such information in any other format. If a request made pursuant
to  this  paragraph  includes a request to furnish information regarding
beneficial owners, the corporation shall make available such information
in its possession regarding beneficial owners  as  is  provided  to  the
corporation  by  a registered broker or dealer or a bank, association or
other entity that exercises fiduciary  powers  in  connection  with  the
forwarding  of  information to such owners. The corporation shall not be
required to obtain  information  about  beneficial  owners  not  in  its
possession.
  S  33.  Section  630 of the business corporation law, paragraph (a) as
amended by chapter 212 of the laws of 1984, paragraph (c) as amended  by
chapter 746 of the laws of 1963, is amended to read as follows:
S 630. Liability  of shareholders for wages due to laborers, servants or
         employees.
  (a) The ten largest shareholders, as determined by the fair  value  of
their beneficial interest as of the beginning of the period during which
the  unpaid services referred to in this section are performed, of every
corporation (other than an investment company registered as  such  under
an act of congress entitled "Investment Company Act of 1940"), no shares
of which are listed on a national securities exchange or regularly quot-
ed in an over-the-counter market by one or more members of a national or
an  affiliated  securities  association,  shall jointly and severally be
personally liable for all debts, wages or salaries due and owing to  any
of  its  laborers,  servants  or  employees  other than contractors, for
services performed by them for such corporation. [Before  such  laborer,
servant  or employee shall charge such shareholder for such services, he
shall give notice in writing to such shareholder that he intends to hold
him liable under this section.  Such notice shall be  given  within  one
hundred  and eighty days after termination of such services, except that
if, within such period, the laborer,  servant  or  employee  demands  an
examination of the record of shareholders under paragraph (b) of section
624 (Books and records; right of inspection, prima facie evidence), such
notice may be given within sixty days after he has been given the oppor-
tunity to examine the record of shareholders.  An action to enforce such
liability  shall  be commenced within ninety days after the return of an
execution unsatisfied against the corporation upon a judgment  recovered
against it for such services.]
  (b) For the purposes of this section, wages or salaries shall mean all
compensation  and  benefits payable by an employer to or for the account
of the employee for personal services rendered by such employee  INCLUD-
ING  ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S

S. 2232--B                         17

FEES OR COSTS.  These shall specifically include but not be  limited  to
salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
contributions to or payments of insurance or welfare benefits;  employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
  (c) A shareholder who has paid more than his pro rata share under this
section shall be entitled to contribution pro rata from the other share-
holders  liable  under  this section with respect to the excess so paid,
over and above his pro rata share, and may sue them jointly or severally
or any number of them to recover the amount due from them.  Such  recov-
ery  may  be  had  in a separate action. As used in this paragraph, "pro
rata" means in proportion to beneficial share interest. Before a  share-
holder  may  claim contribution from other shareholders under this para-
graph, he shall[, unless they have been given notice by a laborer, serv-
ant or employee under paragraph (a),] give them notice in  writing  that
he  intends to hold them so liable to him. Such notice shall be given by
him within twenty days after the date that [notice was given to him  by]
HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
LIABLE under paragraph (a).
  S  34. Subdivision (c) of section 609 of the limited liability company
law, as added by chapter 537 of the laws of 2014, is amended to read  as
follows:
  (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
section, the ten members with the largest percentage ownership interest,
as  determined as of the beginning of the period during which the unpaid
services referred to in this section are  performed,  of  every  limited
liability  company, shall jointly and severally be personally liable for
all debts, wages or salaries due and owing to any of its laborers, serv-
ants or employees, for services  performed  by  them  for  such  limited
liability  company.  [Before  such  laborer,  servant  or employee shall
charge such member for such services, he or she  shall  give  notice  in
writing to such member that he or she intends to hold such member liable
under this section. Such notice shall be given within one hundred eighty
days  after  termination  of  such  services.  An action to enforce such
liability shall be commenced within ninety days after the return  of  an
execution unsatisfied against the limited liability company upon a judg-
ment recovered against it for such services.] A member who has paid more
than  his  or her pro rata share under this section shall be entitled to
contribution pro rata from the other members liable under  this  section
with  respect  to the excess so paid, over and above his or her pro rata
share, and may sue them jointly or severally or any number  of  them  to
recover the amount due from them. Such recovery may be had in a separate
action.  As  used in this subdivision, "pro rata" means in proportion to
percentage ownership interest. Before a member  may  claim  contribution
from  other members under this section, he or she shall give them notice
in writing that he or she intends to hold them so liable to him or her.
  S 35. Section 1102 of the limited liability company law is amended  by
adding a new subdivision (e) to read as follows:
  (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE  OF  A  LIMITED  LIABILITY  COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN
DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT  OR  ATTOR-
NEY,  DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF
SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE  PERIOD  OF  TIME  DURING
WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
NY.  A  COMPANY  REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS PARA-
GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER

S. 2232--B                         18

FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND  SHALL
NOT  BE  REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.  UPON
REFUSAL BY THE COMPANY OR BY AN OFFICER  OR  AGENT  OF  THE  COMPANY  TO
PERMIT  AN  INSPECTION  OF  THE RECORDS DESCRIBED IN THIS PARAGRAPH, THE
PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE  SUPREME  COURT
IN  THE  JUDICIAL  DISTRICT  WHERE THE OFFICE OF THE COMPANY IS LOCATED,
UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR  AN  ORDER  DIRECTING  THE
COMPANY,  ITS  MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT
BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT  IS
QUALIFIED  AND  ENTITLED  TO  SUCH  INSPECTION, THE COURT SHALL GRANT AN
ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS  TO
THE  COURT  MAY  SEEM  JUST  AND PROPER. IF THE APPLICANT IS FOUND TO BE
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE  COMPANY  SHALL  PAY  ALL
REASONABLE  ATTORNEY'S  FEES  AND COSTS OF SAID APPLICANT RELATED TO THE
DEMAND FOR INSPECTION OF THE RECORDS.
  S 36. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law; provided, however, section thirty-four of this act
shall take effect on the same date and in the same manner as section  11
of chapter 537 of the laws of 2014, takes effect.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2232--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the lien law, in relation to employee liens; to amend
  the labor law, in relation to employee complaints; to amend the  civil
  practice  law  and  rules,  in  relation to grounds for attachment; to
  amend the business corporation law, in relation to streamlining proce-
  dures where employees may hold  shareholders  of  non-publicly  traded
  corporations personally liable for wage theft; and to amend the limit-
  ed  liability company law, in relation to creating a right for victims
  of wage theft to hold the  ten  members  with  the  largest  ownership
  interests in a company personally liable for wage theft

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2 of the lien law is amended by  adding  three  new
subdivisions 21, 22 and 23 to read as follows:
  21.  EMPLOYEE.  THE  TERM "EMPLOYEE", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO THE  LABOR  LAW  OR  THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  22.  EMPLOYER.  THE  TERM "EMPLOYER", WHEN USED IN THIS CHAPTER, SHALL
HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO THE  LABOR  LAW  OR  THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  23.  WAGE  CLAIM.  THE  TERM  "WAGE CLAIM", WHEN USED IN THIS CHAPTER,
MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS  ONE
HUNDRED  SEVENTY,  ONE HUNDRED NINETY-ONE, ONE HUNDRED NINETY-THREE, ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS  PROMULGATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00429-05-5
              

S. 2232--C                          2

BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN
EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A
CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C. S 206.
  S  2. Section 3 of the lien law, as amended by chapter 137 of the laws
of 1985, is amended to read as follows:
  S 3. Mechanic's lien  AND  EMPLOYEE'S  LIEN  on  [real]  property.  1.
MECHANIC'S  LIEN.  A  contractor,  subcontractor,  laborer, materialman,
landscape gardener, nurseryman or person or corporation selling fruit or
ornamental trees, roses, shrubbery, vines and small fruits, who performs
labor or furnishes materials for the improvement of real  property  with
the  consent  or  at  the request of the owner thereof, or of his agent,
contractor or subcontractor, and any trust fund to  which  benefits  and
wage  supplements  are  due or payable for the benefit of such laborers,
shall have a lien for the principal and interest, of the value,  or  the
agreed price, of such labor, including benefits and wage supplements due
or  payable  for  the benefit of any laborer, or materials upon the real
property improved or to be improved and upon such improvement, from  the
time  of  filing  a  notice  of such lien as prescribed in this chapter.
Where the contract for an improvement is made with a husband or wife and
the property belongs to the other or both, the husband or wife contract-
ing shall also be presumed to be the agent of  the  other,  unless  such
other  having  knowledge of the improvement shall, within ten days after
learning of the contract give the contractor written notice  of  his  or
her  refusal  to  consent  to the improvement. Within the meaning of the
provisions of this chapter, materials actually manufactured for but  not
delivered  to  the  real  property, shall also be deemed to be materials
furnished.
  2. EMPLOYEE'S LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT  TERM  IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
HAVE  A LIEN ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY FOR THE VALUE
OF THE WAGE CLAIM ARISING OUT OF THE EMPLOYMENT, FROM THE TIME OF FILING
A NOTICE OF SUCH LIEN AS PRESCRIBED IN THIS CHAPTER. AN EMPLOYEE'S  LIEN
BASED ON A WAGE CLAIM MAY BE HAD AGAINST THE EMPLOYER'S INTEREST IN REAL
PROPERTY  AND  AGAINST THE EMPLOYER'S INTEREST IN PERSONAL PROPERTY THAT
CAN BE SUFFICIENTLY DESCRIBED WITHIN THE MEANING OF SECTION 9-108 OF THE
UNIFORM COMMERCIAL CODE, EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND
TO ACCOUNTS OR GOODS AS THOSE TERMS ARE DEFINED IN SECTION 9-102 OF  THE
UNIFORM COMMERCIAL CODE.
  3.  AS  USED  IN  THIS  ARTICLE AND UNLESS OTHERWISE SPECIFIED, A LIEN
SHALL MEAN AN EMPLOYEE'S LIEN OR A MECHANIC'S LIEN.
  S 3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision  1
as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
by chapter 704 of the laws of 1985, are amended to read as follows:
  (1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
REAL  PROPERTY  shall  extend to the owner's right, title or interest in
the real property and improvements, existing at the time of  filing  the
notice  of  lien,  or thereafter acquired, except as hereinafter in this
article provided. If an owner assigns his interest in such real property
by a general assignment for the benefit of creditors, within thirty days
prior to such filing,  the  lien  shall  extend  to  the  interest  thus
assigned.  If  any  part  of the real property subjected to such lien be
removed by the owner or by any other person,  at  any  time  before  the
discharge  thereof,  such  removal  shall  not  affect the rights of the
lienor, either in respect to the remaining real property, or the part so
removed. If labor  is  performed  for,  or  materials  furnished  to,  a
contractor  or  subcontractor  for  an  improvement, the MECHANIC'S lien

S. 2232--C                          3

shall not be for a sum greater than the sum earned  and  unpaid  on  the
contract  at  the  time of filing the notice of lien, and any sum subse-
quently earned thereon. In no case shall the owner be liable to  pay  by
reason  of  all  MECHANIC'S liens created pursuant to this article a sum
greater than the value or  agreed  price  of  the  labor  and  materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
  (2)  [Such]  A  MECHANIC'S  OR EMPLOYEE'S lien shall not extend to the
owner's right, title or interest  in  real  property  and  improvements,
existing  at  the  time of filing the notice of lien if such lien arises
from the failure of a lessee of the right to explore, develop or produce
natural gas or oil, to pay for, compensate or render value for  improve-
ments  made  with  the  consent  or  at  the request of such lessee by a
contractor, subcontractor, materialman,  equipment  operator  or  owner,
landscaper,  nurseryman,  or person or corporation who performs labor or
furnishes materials for the exploration, development, or  production  of
oil  or  natural  gas  or  otherwise improves such leased property. Such
MECHANIC'S OR EMPLOYEE'S lien shall extend to the improvements made  for
the  exploration, development and production of oil and natural gas, and
the working interest held by a lessee of the right to  explore,  develop
or produce oil and natural gas.
  S  4. The opening paragraph of section 4-a of the lien law, as amended
by chapter 696 of the laws of 1959, is amended to read as follows:
  The proceeds of any insurance which by the terms  of  the  policy  are
payable to the owner of real property improved, and actually received or
to  be  received by him because of the destruction or removal by fire or
other casualty of an improvement on which lienors have  performed  labor
or services or for which they have furnished materials, OR UPON WHICH AN
EMPLOYEE  HAS  ESTABLISHED AN EMPLOYEE'S LIEN, shall after the owner has
been reimbursed therefrom for premiums paid by him,  if  any,  for  such
insurance,  be  subject to liens provided by this act to the same extent
and in the same order of priority as the real property would  have  been
had such improvement not been so destroyed or removed.
  S  5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended
by chapter 515 of the laws of 1929, are amended to read as follows:
  1. The name OF THE LIENOR, and EITHER THE residence of the  lienor  OR
THE  NAME  AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY; and if
the lienor is a partnership or a corporation, the  business  address  of
such  firm, or corporation, the names of partners and principal place of
business, and if a foreign corporation, its principal place of  business
within the state.
  2. The name of the owner of the [real] property against whose interest
therein a lien is claimed, and the interest of the owner as far as known
to the lienor.
  5. The amount unpaid to the lienor for such labor or materials, OR THE
AMOUNT  OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR ESTABLISHMENT
OF THE LIEN.
  S 6. Subdivision 1 of section 10 of the lien law, as amended by  chap-
ter 367 of the laws of 2011, is amended to read as follows:
  1.  (A)  Notice of MECHANIC'S lien may be filed at any time during the
progress of the work and the furnishing of  the  materials,  or,  within
eight months after the completion of the contract, or the final perform-
ance  of the work, or the final furnishing of the materials, dating from
the last item of work performed or materials furnished; provided, howev-
er, that where the improvement is related to real property  improved  or
to  be  improved with a single family dwelling, the notice of MECHANIC'S

S. 2232--C                          4

lien may be filed at any time during the progress of the  work  and  the
furnishing of the materials, or, within four months after the completion
of  the  contract,  or  the  final performance of the work, or the final
furnishing of the materials, dating from the last item of work performed
or materials furnished; and provided further where the notice of MECHAN-
IC'S  lien  is for retainage, the notice of MECHANIC'S lien may be filed
within ninety days after the date the retainage was due to be  released;
except  that  in  the case of a MECHANIC'S lien by a real estate broker,
the notice of MECHANIC'S lien may be filed only after the performance of
the brokerage services and execution of lease by both lessor and  lessee
and  only  if  a  copy of the alleged written agreement of employment or
compensation is annexed to the notice of lien, provided that  where  the
payment  pursuant to the written agreement of employment or compensation
is to be made in installments, then a notice of lien may be filed within
eight months after the final payment is due, but in no event later  than
a date five years after the first payment was made. For purposes of this
section,  the term "single family dwelling" shall not include a dwelling
unit which is a part of a subdivision that has been filed with a munici-
pality in which the subdivision is located when at the time the lien  is
filed,  such  property  in the subdivision is owned by the developer for
purposes other  than  his  personal  residence.  For  purposes  of  this
section,  "developer"  shall  mean  and  include any private individual,
partnership, trust or corporation which improves two or more parcels  of
real  property  with single family dwellings pursuant to a common scheme
or plan. [The]
  (B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER  THAN
SIX  YEARS  FOLLOWING  THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE
CLAIM.
  (C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
be filed in the clerk's office of the county where the property is situ-
ated. If such property is situated in two or more counties,  the  notice
of  lien shall be filed in the office of the clerk of each of such coun-
ties. The county clerk of each county shall provide and keep a  book  to
be  called  the  "lien docket," which shall be suitably ruled in columns
headed "owners," "lienors," "lienor's attorney,"  "property,"  "amount,"
"time of filing," "proceedings had," in each of which he shall enter the
particulars  of  the  notice, properly belonging therein. The date, hour
and minute of the filing of each notice of lien shall be entered in  the
proper  column.  Except  where the county clerk maintains a block index,
the names of the owners shall be arranged in such book  in  alphabetical
order.  The  validity of the lien and the right to file a notice thereof
shall not be affected by the death of the owner  before  notice  of  the
lien is filed.  A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
FILED,  TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
  S 7. Section 11 of the lien law, as amended by chapter 147 of the laws
of 1996, is amended to read as follows:
  S 11. Service of copy of notice of lien.  1. Within five  days  before
or  thirty days after filing the notice of A MECHANIC'S lien, the lienor
shall serve a copy of such notice upon the owner, if a  natural  person,
(a)  by delivering the same to him personally, or if the owner cannot be
found, to his agent or attorney, or (b) by leaving it at his last  known
place  of  residence  in  the city or town in which the real property or
some part thereof is  situated,  with  a  person  of  suitable  age  and
discretion, or (c) by registered or certified mail addressed to his last
known  place of residence, or (d) if such owner has no such residence in

S. 2232--C                          5

such city or town, or cannot be found, and he has no agent or  attorney,
by  affixing  a copy thereof conspicuously on such property, between the
hours of nine o'clock in the forenoon and four o'clock in the afternoon;
if  the owner be a corporation, said service shall be made (i) by deliv-
ering such copy to and leaving the same with the president,  vice-presi-
dent, secretary or clerk to the corporation, the cashier, treasurer or a
director  or  managing  agent  thereof, personally, within the state, or
(ii) if such officer cannot be found within the state by affixing a copy
thereof conspicuously on such property between the hours of nine o'clock
in the forenoon and four o'clock in the afternoon, or  (iii)  by  regis-
tered  or  certified mail addressed to its last known place of business.
Failure to file proof of such a service with  the  county  clerk  within
thirty-five  days  after the notice of lien is filed shall terminate the
notice as a lien. Until service of the notice has been  made,  as  above
provided, an owner, without knowledge of the lien, shall be protected in
any  payment made in good faith to any contractor or other person claim-
ing a lien.
  2. WITHIN FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE  NOTICE  OF
AN  EMPLOYEE'S  LIEN,  THE LIENOR SHALL SERVE A COPY OF SUCH NOTICE UPON
THE EMPLOYER, IF A NATURAL PERSON, (A) BY DELIVERING  THE  SAME  TO  HIM
PERSONALLY,  OR  IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT OR ATTOR-
NEY, OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR  BUSI-
NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
OR  CERTIFIED  MAIL  ADDRESSED  TO  HIS LAST KNOWN PLACE OF RESIDENCE OR
BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
THEREOF CONSPICUOUSLY ON  SUCH  PROPERTY,  BETWEEN  THE  HOURS  OF  NINE
O'CLOCK  IN  THE  FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. THE LIENOR
ALSO SHALL, WITHIN THIRTY DAYS AFTER FILING  THE  NOTICE  OF  EMPLOYEE'S
LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROPERTY IDENTIFIED
IN  THE  NOTICE OF EMPLOYEE'S LIEN, BETWEEN THE HOURS OF NINE O'CLOCK IN
THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. IF  THE  EMPLOYER  BE  A
CORPORATION,  SAID  SERVICE SHALL BE MADE (I) BY DELIVERING SUCH COPY TO
AND LEAVING THE SAME WITH THE PRESIDENT,  VICE-PRESIDENT,  SECRETARY  OR
CLERK TO THE CORPORATION, THE CASHIER, TREASURER OR A DIRECTOR OR MANAG-
ING AGENT THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER
CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY THEREOF CONSPICUOUS-
LY  ON  SUCH  PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON
AND FOUR O'CLOCK IN THE AFTERNOON, OR (III) BY REGISTERED  OR  CERTIFIED
MAIL  ADDRESSED TO ITS LAST KNOWN PLACE OF BUSINESS, OR (IV) BY DELIVERY
TO THE SECRETARY OF THE DEPARTMENT  OF  STATE  IN  THE  SAME  MANNER  AS
REQUIRED BY PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION 306 OF THE BUSI-
NESS  CORPORATION LAW.  FAILURE TO FILE PROOF OF SUCH A SERVICE WITH THE
COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER THE NOTICE OF LIEN  IS  FILED
SHALL  TERMINATE  THE  NOTICE AS A LIEN. UNTIL SERVICE OF THE NOTICE HAS
BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE OF  THE  LIEN,
SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY OTHER PERSON
CLAIMING A LIEN.
  S  8.  Section  11-b of the lien law, as amended by chapter 147 of the
laws of 1996, is amended to read as follows:
  S 11-b. Copy of notice of MECHANIC'S lien to a contractor  or  subcon-
tractor.    Within five days before or thirty days after filing a notice
of MECHANIC'S lien in accordance with section ten of this chapter or the
filing of an amendment of notice of MECHANIC'S lien in  accordance  with
section twelve-a of this [chapter] ARTICLE the lienor shall serve a copy
of such notice or amendment by certified mail on the contractor, subcon-
tractor, assignee or legal representative for whom he was employed or to

S. 2232--C                          6

whom  he furnished materials or if the lienor is a contractor or subcon-
tractor to the person, firm or corporation with whom  the  contract  was
made.  A  lienor having a direct contractual relationship with a subcon-
tractor  or  a  sub-subcontractor  but  not with a contractor shall also
serve a copy of such notice  or  amendment  by  certified  mail  to  the
contractor.  Failure  to  file  proof  of such a service with the county
clerk within thirty-five days after the notice of lien  is  filed  shall
terminate the notice as a lien. Any lienor, or a person acting on behalf
of  a lienor, who fails to serve a copy of the notice of MECHANIC'S lien
as required by this section shall be liable  for  reasonable  attorney's
fees,  costs  and  expenses,  as  determined  by  the court, incurred in
obtaining such copy.
  S 9. Subdivision 1 of section 12-a of the  lien  law,  as  amended  by
chapter 1048 of the laws of 1971, is amended to read as follows:
  1. Within sixty days after the original filing, a lienor may amend his
lien  upon  twenty  days  notice to existing lienors, mortgagees and the
owner, provided that no action or proceeding to enforce  or  cancel  the
mechanics'  lien  OR  EMPLOYEE'S  LIEN  has been brought in the interim,
where the purpose of the amendment is to reduce the amount of the  lien,
except the question of wilful exaggeration shall survive such amendment.
  S 10. Subdivision 1 of section 13 of the lien law, as amended by chap-
ter 878 of the laws of 1947, is amended to read as follows:
  (1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
performed  in the improvement of real property, shall have priority over
a conveyance, mortgage, judgment or other claim  against  such  property
not  recorded, docketed or filed at the time of the filing of the notice
of such lien, except as  hereinafter  in  this  chapter  provided;  over
advances  made upon any mortgage or other encumbrance thereon after such
filing, except as hereinafter in this article  provided;  and  over  the
claim  of  a creditor who has not furnished materials or performed labor
upon such property, if such property has been assigned by the owner by a
general assignment for the benefit  of  creditors,  within  thirty  days
before the filing of either of such notices; and also over an attachment
hereafter  issued  or a money judgment hereafter recovered upon a claim,
which, in whole or in part,  was  not  for  materials  furnished,  labor
performed  or moneys advanced for the improvement of such real property;
and over any claim or lien acquired in any proceedings upon  such  judg-
ment.  Such  liens  shall  also  have priority over advances made upon a
contract by an owner for an improvement of real property which  contains
an  option  to  the contractor, his successor or assigns to purchase the
property, if such advances were made after the time when the labor began
or the first item of material was furnished, as stated in the notice  of
lien. If several buildings are demolished, erected, altered or repaired,
or  several  pieces  or parcels of real property are improved, under one
contract, and there are conflicting liens  thereon,  each  lienor  shall
have  priority upon the particular part of the real property or upon the
particular building or premises where his  labor  is  performed  or  his
materials  are  used.  Persons  shall have no priority on account of the
time of filing their respective notices of liens, but all liens shall be
on a parity except as hereinafter in section fifty-six of  this  chapter
provided;  and  except  that  in  all cases laborers for daily or weekly
wages WITH A MECHANIC'S LIEN, AND EMPLOYEES  WITH  AN  EMPLOYEE'S  LIEN,
shall have preference over all other claimants under this article.
  S  11.  Section  17  of the lien law, as amended by chapter 324 of the
laws of 2000, is amended to read as follows:

S. 2232--C                          7

  S 17. Duration of lien. 1. (A) No MECHANIC'S lien  specified  in  this
article  shall  be  a  lien  for a longer period than one year after the
notice of lien has been filed, unless within  that  time  an  action  is
commenced  to  foreclose  the lien, and a notice of the pendency of such
action,  whether  in  a  court of record or in a court not of record, is
filed with the county clerk of the county in which the notice of lien is
filed, containing the names of the parties to the action, the object  of
the  action,  a brief description of the real property affected thereby,
and the time of filing the notice of lien; or  unless  an  extension  to
such lien, except for a lien on real property improved or to be improved
with  a  single  family  dwelling, is filed with the county clerk of the
county in which the notice of lien is filed within  one  year  from  the
filing  of  the  original  notice of lien, continuing such lien and such
lien shall be redocketed as of the date of filing such  extension.  Such
extension  shall  contain  the  names of the lienor and the owner of the
real property against whose interest therein such  lien  is  claimed,  a
brief description of the real property affected by such lien, the amount
of  such  lien, and the date of filing the notice of lien. No lien shall
be continued by such extension for more than one year  from  the  filing
thereof.  In  the event an action is not commenced to foreclose the lien
within such extended period, such lien shall be extinguished  unless  an
order  be  granted  by  a court of record or a judge or justice thereof,
continuing such lien, and such lien shall be redocketed as of  the  date
of  granting such order and a statement made that such lien is continued
by virtue of such order. A lien on  real  property  improved  or  to  be
improved  with a single family dwelling may only be extended by an order
of a court of record, or a judge or justice thereof. No  lien  shall  be
continued by court order for more than one year from the granting there-
of,  but  a  new  order  and entry may be made in each of two successive
years. If a lienor is made a party defendant in  an  action  to  enforce
another  lien, and the plaintiff or such defendant has filed a notice of
the pendency of the action within the time prescribed in  this  section,
the  lien  of  such defendant is thereby continued. Such action shall be
deemed an action to enforce the lien of such defendant lienor. The fail-
ure to file a notice of pendency of action shall not abate the action as
to any person liable for the payment of the debt specified in the notice
of lien, and the action may  be  prosecuted  to  judgment  against  such
person.  The  provisions  of  this section in regard to continuing liens
shall apply to liens discharged by deposit or by order on the filing  of
an  undertaking.  Where  a  lien is discharged by deposit or by order, a
notice of pendency of action shall not be filed.
  (B) A lien, the duration of which has been extended by the filing of a
notice of the pendency of an action as above provided,  shall  neverthe-
less terminate as a lien after such notice has been canceled as provided
in  section  sixty-five  hundred  fourteen of the civil practice law and
rules or has ceased to be effective as constructive notice  as  provided
in  section  sixty-five  hundred  thirteen of the civil practice law and
rules.
  2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
ER PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED,  UNLESS
AN  EXTENSION  TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF THE COUNTY
IN WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING  OF
THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL
CONTAIN  THE  NAMES  OF  THE  LIENOR  AND THE OWNER OF THE REAL PROPERTY
AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION

S. 2232--C                          8

OF THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND  THE
DATE  OF  FILING THE NOTICE OF LIEN.  NO LIEN SHALL BE CONTINUED BY SUCH
EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN  THE  EVENT
AN  ACTION  IS  NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE CLAIM OR TO
FORECLOSE THE LIEN WITHIN SUCH  EXTENDED  PERIOD,  SUCH  LIEN  SHALL  BE
EXTINGUISHED  UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A JUDGE
OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
ETED AS OF THE DATE OF GRANTING SUCH ORDER AND  A  STATEMENT  MADE  THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
  (B)  NO  EMPLOYEE'S  LIEN  ON  PERSONAL PROPERTY SHALL BE A LIEN FOR A
LONGER PERIOD THAN ONE YEAR  AFTER  THE  FINANCING  STATEMENT  HAS  BEEN
RECORDED,  UNLESS  AN  EXTENSION  TO SUCH LIEN, IS FILED WITH THE FILING
OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
FILING OF THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH  LIEN.  SUCH
EXTENSION  SHALL  CONTAIN  THE  NAMES OF THE LIENOR AND THE OWNER OF THE
PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS  CLAIMED,  A  BRIEF
DESCRIPTION  OF  THE  PRIOR  FINANCING STATEMENT TO BE EXTENDED, AND THE
DATE OF FILING THE PRIOR FINANCING STATEMENT.  NO LIEN SHALL BE  CONTIN-
UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
THE  EVENT  AN  ACTION  IS  NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE
CLAIM OR TO FORECLOSE THE LIEN WITHIN SUCH EXTENDED  PERIOD,  SUCH  LIEN
SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
REFILED  AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
  (C) IF A LIENOR IS MADE A PARTY DEFENDANT  IN  AN  ACTION  TO  ENFORCE
ANOTHER  LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE OF
THE PENDENCY OF THE ACTION WITHIN THE TIME PRESCRIBED IN  THIS  SECTION,
THE  LIEN  OF  SUCH DEFENDANT IS THEREBY CONTINUED. SUCH ACTION SHALL BE
DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
OF LIEN, AND THE ACTION MAY  BE  PROSECUTED  TO  JUDGMENT  AGAINST  SUCH
PERSON.    THE  PROVISIONS OF THIS SECTION IN REGARD TO CONTINUING LIENS
SHALL APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING  OF
AN  UNDERTAKING.  WHERE  A  LIEN IS DISCHARGED BY DEPOSIT OR BY ORDER, A
NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
  (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON THE WAGE  CLAIM  WITHIN  ONE
YEAR  FROM  THE  FILING  OF  THE  NOTICE OF LIEN ON REAL PROPERTY OR THE
RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
HUNDRED TWENTY DAYS FOLLOWING  THE  ENTRY  OF  FINAL  JUDGMENT  IN  SUCH
ACTION,  UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR ADMINISTRATIVE
ORDER IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR  COMMENCES
A  FORECLOSURE  ACTION, IN WHICH INSTANCE THE LIEN SHALL BE VALID DURING
THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
PENDENCY OF A FORECLOSURE ACTION OR AN ACTION TO OBTAIN  A  JUDGMENT  ON
THE  WAGE  CLAIM,  THE  LIENOR  SHALL FILE A NOTICE OF SUCH PENDENCY AND
EXTENSION WITH THE COUNTY CLERK OF THE COUNTY IN  WHICH  THE  NOTICE  OF
LIEN  IS  FILED,  CONTAINING THE NAMES OF THE PARTIES TO THE ACTION, THE
OBJECT OF THE ACTION, A  BRIEF  DESCRIPTION  OF  THE  PROPERTY  AFFECTED
THEREBY,  AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF A
LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
IZED TO ACCEPT FINANCING STATEMENTS PURSUANT TO  SECTION  9-501  OF  THE

S. 2232--C                          9

UNIFORM  COMMERCIAL  CODE.  FOR  PURPOSES  OF THIS SECTION, AN ACTION TO
OBTAIN JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY  COURT
OF  COMPETENT  JURISDICTION  OR  THE  SUBMISSION  OF  A COMPLAINT TO THE
DEPARTMENT  OF  LABOR.  AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE
CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
COMPLAINT.
  (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED,  SHALL  NEVERTHE-
LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  FOURTEEN OF THE CIVIL PRACTICE LAW AND
RULES OR HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE  AS  PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  THIRTEEN OF THE CIVIL PRACTICE LAW AND
RULES.
  S 12. Subdivisions 2 and 4 of section 19 of the lien law,  subdivision
2  as  amended  by chapter 310 of the laws of 1962, and subdivision 4 as
added by chapter 582 of the laws of 2002, paragraph (a) of subdivision 4
as further amended by section 104 of part A of chapter 62 of the laws of
2011, are amended to read as follows:
  (2) By failure to begin an action to foreclose such lien or to  secure
an  order  continuing  it,  within  one year from the time of filing the
notice of lien, unless (I) an action be begun within the same period  to
foreclose  a  mortgage or another mechanic's lien upon the same property
or any part thereof and a notice of pendency of  such  action  is  filed
according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
A  WAGE  CLAIM  PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN OF THIS
ARTICLE, but a lien, the duration of which  has  been  extended  by  the
filing  of  a  notice  of  the pendency of an action as herein provided,
shall nevertheless terminate as  a  lien  after  such  notice  has  been
cancelled or has ceased to be effective as constructive notice.
  (4) Either before or after the beginning of an action by the EMPLOYER,
owner  or  contractor executing a bond or undertaking in an amount equal
to one hundred ten percent of such lien conditioned for the  payment  of
any  judgment which may be rendered against the property OR EMPLOYER for
the enforcement of the lien:
  a. The execution of any such bond or undertaking by  any  fidelity  or
surety  company  authorized  by the laws of this state to transact busi-
ness, shall be sufficient; and where a certificate of qualification  has
been  issued  by  the  superintendent  of  financial  services under the
provisions of section one thousand one hundred eleven of  the  insurance
law,  and has not been revoked, no justification or notice thereof shall
be necessary. Any such company may execute any such bond or  undertaking
as  surety  by  the  hand  of its officers, or attorney, duly authorized
thereto by resolution of its board of directors,  a  certified  copy  of
which  resolution,  under  the seal of said company, shall be filed with
each bond or undertaking. Any such bond or undertaking  shall  be  filed
with the clerk of the county in which the notice of lien is filed, and a
copy  shall  be served upon the adverse party. The undertaking is effec-
tive when so served and filed. If a certificate of qualification  issued
pursuant  to  subsections  (b),  (c) and (d) of section one thousand one
hundred eleven of the insurance law is not filed with the undertaking, a
party may except, to the sufficiency of a surety and by a written notice
of exception served  upon  the  adverse  party  within  ten  days  after
receipt,  a  copy  of the undertaking. Exceptions deemed by the court to
have been taken unnecessarily, or  for  vexation  or  delay,  may,  upon
notice,  be  set  aside,  with  costs. Where no exception to sureties is

S. 2232--C                         10

taken within ten days or where  exceptions  taken  are  set  aside,  the
undertaking shall be allowed.
  b. In the case of bonds or undertakings not executed pursuant to para-
graph  a  of  this  subdivision, the EMPLOYER, owner or contractor shall
execute an undertaking with two or more sufficient sureties,  who  shall
be free holders, to the clerk of the county where the premises are situ-
ated.  The  sureties  must  together  justify in at least double the sum
named in the undertaking. A copy of the undertaking,  with  notice  that
the sureties will justify before the court, or a judge or justice there-
of,  at  the  time  and place therein mentioned, must be served upon the
lienor or his attorney, not less than five days before such  time.  Upon
the  approval of the undertaking by the court, judge or justice an order
shall be made by such court, judge or justice discharging such lien.
  c. If the lienor cannot be found, or  does  not  appear  by  attorney,
service  under  this  subsection  may  be made by leaving a copy of such
undertaking and notice at the lienor's  place  of  residence,  or  if  a
corporation at its principal place of business within the state as stat-
ed  in  the notice of lien, with a person of suitable age and discretion
therein, or if the house of his abode or its place of  business  is  not
stated  in  said notice of lien and is not known, then in such manner as
the court may direct. The premises, if any, described in the  notice  of
lien  as  the lienor's residence or place of business shall be deemed to
be his said residence or its place of business for the purposes of  said
service  at  the time thereof, unless it is shown affirmatively that the
person servicing the papers or directing the service  had  knowledge  to
the  contrary.  Notwithstanding the other provisions of this subdivision
relating to service of notice, in any case where the mailing address  of
the  lienor  is outside the state such service may be made by registered
or certified mail, return receipt requested, to such lienor at the mail-
ing address contained in the notice of lien.
  d. Except as otherwise provided in this subdivision, the provisions of
article twenty-five of the  civil  practice  law  and  rules  regulating
undertakings  is  applicable  to  a  bond  or  undertaking given for the
discharge of a lien on account of private improvements OR OF AN  EMPLOY-
EE'S LIEN.
  S  13.  Section  24  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 24.  Enforcement  of  [mechanic's]  lien.  (1)  REAL  PROPERTY.  The
[mechanics']  liens  ON  REAL  PROPERTY specified in this article may be
enforced against the property specified in the notice of lien and  which
is subject thereto and against any person liable for the debt upon which
the lien is founded, as prescribed in article three of this chapter.
  (2)  PERSONAL PROPERTY. AN EMPLOYEE'S LIEN ON PERSONAL PROPERTY SPECI-
FIED IN THIS ARTICLE MAY IMMEDIATELY BE ENFORCED  AGAINST  THE  PROPERTY
THROUGH  A  FORECLOSURE  AS  PRESCRIBED  IN  ARTICLE NINE OF THE UNIFORM
COMMERCIAL CODE, OR UPON JUDGMENT OBTAINED BY THE EMPLOYEE, COMMISSIONER
OF LABOR OR ATTORNEY GENERAL OF THE STATE OF NEW YORK, MAY  BE  ENFORCED
IN  ANY  MANNER  AVAILABLE  TO THE JUDGMENT CREDITOR PURSUANT TO ARTICLE
NINE OF THE UNIFORM COMMERCIAL CODE OR OTHER APPLICABLE LAWS.
  S 14. Section 26 of the lien law, as amended by  chapter  373  of  the
laws of 1977, is amended to read as follows:
  S  26.  Subordination  of liens after agreement with owner. In case an
owner of real property shall execute to one or more persons, or a corpo-
ration, as trustee or trustees, a bond and mortgage or a note and  mort-
gage  affecting  such  property in whole or in part, or an assignment of
the moneys due or to become due under a contract for a building loan  in

S. 2232--C                         11

relation  to  such property, and in case such mortgage, if any, shall be
recorded in the office of the register of the  county  where  such  real
property  is  situated,  or  if  such county has no register then in the
office of the clerk of such county, and in case such assignment, if any,
shall  be filed in the office of the clerk of the county where such real
property is situated; and in  case  lienors  having  [mechanics']  liens
against  said  real property, notices of which have been filed up to and
not later than fifteen days after the recording of such mortgage or  the
filing  of  such assignment, and which liens have not been discharged as
in this article provided, shall, to the extent of  at  least  fifty-five
per  centum of the aggregate amount for which such notices of liens have
been so filed, approve such bond and mortgage or such note and mortgage,
if any, and such assignment, if any, by an instrument or instruments  in
writing, duly acknowledged and filed in the office of such county clerk,
then  all  mechanics'  liens  for  labor performed or material furnished
prior to the recording of such mortgage or filing  of  such  assignment,
whether  notices  thereof  have been theretofore or are thereafter filed
and which have not been discharged as in this article provided, shall be
subordinate to the lien of such trust bond and mortgage  or  such  trust
note  and  mortgage to the extent of the aggregate amount of all certif-
icates of interest therein issued by such trustee or trustees, or  their
successors,  for moneys loaned, materials furnished, labor performed and
any other indebtedness incurred after said  trust  mortgage  shall  have
been  recorded, and for expenses in connection with said trust mortgage,
and shall also be subordinate to the lien of the bond  and  mortgage  or
note  and  mortgage,  given  to  secure the amount agreed to be advanced
under such contract for a building loan to  the  extent  of  the  amount
which  shall be advanced by the holder of such bond and mortgage or such
note and mortgage to the trustee or trustees, or their successors, under
such assignment. The provisions of this section shall apply to all bonds
and mortgages and notes and mortgages and all assignments of moneys due,
or to become due under building loan contracts executed by  such  owner,
in like manner, and recorded or filed, from time to time as hereinbefore
provided.  In  case of an assignment to trustees under the provisions of
this section, the trustees and their successors shall be the  agents  of
the assignor to receive and receipt for any and all sums advanced by the
holder  of the building loan bond and mortgage or the building loan note
and mortgage under the building loan contract and  such  assignment.  No
lienor  shall  have  any priority over the bond and mortgage or note and
mortgage given to secure the money agreed to be advanced under a  build-
ing loan contract or over the advances made thereunder, by reason of any
act preceding the making and approval of such assignment.
  S  15.  Section  38  of the lien law, as amended by chapter 859 of the
laws of 1930, is amended to read as follows:
  S 38. Itemized statement may be required of lienor. A lienor  who  has
filed  a  notice of MECHANIC'S lien shall, on demand in writing, deliver
to the owner or contractor making such demand  a  statement  in  writing
which  shall  set forth the items of labor and/or material and the value
thereof which make up the amount for which he claims a lien,  and  which
shall  also  set  forth the terms of the contract under which such items
were furnished.  A LIENOR WHO HAS FILED A NOTICE OF EMPLOYEE LIEN SHALL,
ON DEMAND IN WRITING, DELIVER TO  THE  EMPLOYER  MAKING  SUCH  DEMAND  A
STATEMENT  IN  WRITING WHICH SHALL SET FORTH THE ITEMS OF THE WAGE CLAIM
AND THE VALUE THEREOF WHICH MAKE UP THE AMOUNT FOR  WHICH  HE  CLAIMS  A
LIEN.  The statement shall be verified by the lienor or his agent in the
form required for the verification of notices in section  nine  of  this

S. 2232--C                         12

[chapter] ARTICLE. If the lienor shall fail to comply with such a demand
within  five  days  after the same shall have been made by the EMPLOYER,
owner or contractor, or if the lienor delivers  an  insufficient  state-
ment,  the person aggrieved may petition the supreme court of this state
or any justice thereof, or the county court  of  the  county  where  the
premises  are  situated, or the county judge of such county for an order
directing the lienor within a time specified in the order to deliver  to
the  petitioner the statement required by this section. Two days' notice
in writing of such application shall be served  upon  the  lienor.  Such
service  shall  be  made  in the manner provided by law for the personal
service of a summons. The court or a justice or judge thereof shall hear
the parties and  upon  being  satisfied  that  the  lienor  has  failed,
neglected  or  refused  to  comply with the requirements of this section
shall have an appropriate order directing such compliance. In  case  the
lienor fails to comply with the order so made within the time specified,
then upon five days' notice to the lienor, served in the manner provided
by  law for the personal service of a summons, the court or a justice or
judge thereof may make an order cancelling the lien.
  S 16. Section 39 of the lien law, as added by chapter 859 of the  laws
of 1930, is amended to read as follows:
  S  39.  Lien wilfully exaggerated is void. In any action or proceeding
to enforce a [mechanic's] lien upon a private or public  improvement  or
in  which  the validity of the lien is an issue, if the court shall find
that a lienor has wilfully exaggerated the amount for which he claims  a
lien  as  stated in his notice of lien, his lien shall be declared to be
void and no recovery shall be had thereon. No such lienor shall  have  a
right  to file any other or further lien for the same claim. A second or
subsequent lien filed in contravention of this section  may  be  vacated
upon application to the court on two days' notice.
  S  17.  Section  40  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 40. Construction of article. This article  is  to  be  construed  in
connection  with  article  two of this chapter, and provides proceedings
for the enforcement of EMPLOYEE'S LIENS ON REAL  PROPERTY,  AS  WELL  AS
liens  for labor performed and materials furnished in the improvement of
real property, created by virtue of such article.
  S 18. Section 41 of the lien law, as amended by  chapter  807  of  the
laws of 1952, is amended to read as follows:
  S 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
mechanic's  lien  OR  EMPLOYEE'S  LIEN  on real property may be enforced
against such property, and against a person liable  for  the  debt  upon
which  the lien is founded, by an action, by the lienor, his assignee or
legal representative, in the supreme court or in a county  court  other-
wise having jurisdiction, regardless of the amount of such debt, or in a
court  which  has  jurisdiction in an action founded on a contract for a
sum of money equivalent to the amount of such debt.
  S 19. Section 43 of the lien law, as amended by  section  310  of  the
laws of 1962, is amended to read as follows:
  S  43.  Action  in  a  court  of record; consolidation of actions. The
provisions of the real property actions and proceedings law relating  to
actions  for  the  foreclosure of a mortgage upon real property, and the
sale and the distribution of the proceeds thereof apply to actions in  a
court  of  record,  to  enforce mechanics' liens AND EMPLOYEES' LIENS on
real property, except as otherwise provided in this article. If  actions
are  brought  by  different  lienors  in a court of record, the court in
which the first action was brought, may, upon its own  motion,  or  upon

S. 2232--C                         13

the  application of any party in any of such actions, consolidate all of
such actions.
  S  20.  Section  46  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 46. Action in a court not of record.  If  an  action  to  enforce  a
mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
court  not of record, it shall be commenced by the personal service upon
the owner of a summons and complaint verified in the same  manner  as  a
complaint  in  an  action  in  a court of record. The complaint must set
forth substantially the facts contained in the notice of lien,  and  the
substance  of  the  agreement under which the labor was performed or the
materials were furnished, OR IF THE LIEN IS BASED UPON A WAGE  CLAIM  AS
DEFINED  IN  SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH WAGE CLAIM.
The form and contents of the summons shall be the same  as  provided  by
law for the commencement of an action upon a contract in such court. The
summons  must  be  returnable  not less than twelve nor more than twenty
days after the date of the summons, or if service is  made  by  publica-
tion,  after  the  day  of the last publication of the summons.  Service
must be made at least eight days before the return day.
  S 21. Section 50 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  50.  Execution. Execution may be issued upon a judgment obtained in
an action to enforce a mechanic's lien OR  AN  EMPLOYEE'S  LIEN  against
real  property  in a court not of record, which shall direct the officer
to sell the title and interest of the owner in the premises, upon  which
the  lien  set  forth in the complaint existed at the time of filing the
notice of lien.
  S 22. Section 53 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  53.  Costs  and disbursements. If an action is brought to enforce a
mechanic's lien OR AN EMPLOYEE'S LIEN against real property in  a  court
of  record,  the costs and disbursements shall rest in the discretion of
the court, and may be awarded to  the  prevailing  party.  The  judgment
rendered  in  such  an action shall include the amount of such costs and
specify to whom and by whom the costs are to be paid. If such action  is
brought  in  a court not of record, they shall be the same as allowed in
civil actions in such  court.  The  expenses  incurred  in  serving  the
summons  by  publication may be added to the amount of costs now allowed
in such court.
  S 23. Section 59 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
deposit,  by  order  of  court. 1. A mechanic's lien notice of which has
been filed on real property or a bond given to discharge the same may be
vacated and cancelled or a deposit made to discharge a lien pursuant  to
section twenty may be returned, by an order of a court of record. Before
such  order  shall be granted, a notice shall be served upon the lienor,
either personally or by leaving it as his last known place of residence,
with a person of suitable age, with directions  to  deliver  it  to  the
lienor.  Such  notice  shall require the lienor to commence an action to
enforce the lien, within a time specified in the notice, not  less  than
thirty days from the time of service, or show cause at a special term of
a  court of record, or at a county court, in a county in which the prop-
erty is situated, at a time and place specified therein, why the  notice
of  lien filed or the bond given should not be vacated and cancelled, or
the deposit returned, as the case may be. Proof of such service and that

S. 2232--C                         14

the lienor has not commenced the  action  to  foreclose  such  lien,  as
directed  in  the  notice,  shall  be  made by affidavit, at the time of
applying for such order.
  2.  AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY
OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR  A
DEPOSIT  MADE  TO  DISCHARGE  A  LIEN PURSUANT TO SECTION TWENTY OF THIS
CHAPTER MAY BE RETURNED, BY AN ORDER OF A COURT OF RECORD.  BEFORE  SUCH
ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER
PERSONALLY  OR  BY  LEAVING  IT  AT HIS LAST KNOWN PLACE OF RESIDENCE OR
ATTORNEY'S PLACE OF BUSINESS,  WITH  A  PERSON  OF  SUITABLE  AGE,  WITH
DIRECTIONS  TO  DELIVER  IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE
LIENOR TO COMMENCE AN ACTION TO ENFORCE THE  LIEN,  OR  TO  COMMENCE  AN
ACTION  TO  OBTAIN  JUDGMENT  ON  THE WAGE CLAIM UPON WHICH THE LIEN WAS
ESTABLISHED, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY
DAYS FROM THE TIME OF SERVICE, OR SHOW CAUSE AT  A  SPECIAL  TERM  OF  A
COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
IS  SITUATED,  AT  A TIME AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF
LIEN FILED OR THE BOND GIVEN SHOULD NOT BE VACATED AND CANCELLED, OR THE
DEPOSIT RETURNED, AS THE CASE MAY BE. PROOF OF SUCH SERVICE AND THAT THE
LIENOR HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN  ACTION
TO  OBTAIN  JUDGMENT  ON  THE  WAGE CLAIM UPON WHICH THE LIEN WAS ESTAB-
LISHED, AS DIRECTED IN THE NOTICE, SHALL BE MADE BY  AFFIDAVIT,  AT  THE
TIME OF APPLYING FOR SUCH ORDER.
  S  24.  Section  62  of the lien law, as amended by chapter 697 of the
laws of 1934, is amended to read as follows:
  S 62. Bringing in new parties. A lienor who has filed a notice of lien
after the commencement of an action in a court of record to foreclose or
enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
a public improvement, may at any  time  up  to  and  including  the  day
preceding  the  day on which the trial of such action is commenced, make
application upon notice to the plaintiff or his attorney in such action,
to be made a party therein. Upon good cause shown, the court must  order
such lienor to be brought in by amendment. If the application is made by
any  other  party  in  said action to make such lienor or other person a
party, the court may in its  discretion  direct  such  lienor  or  other
person  to  be  brought in by like amendment. The order to be entered on
such application shall provide the time for and manner  of  serving  the
pleading of such additional lienor or other person and shall direct that
the  pleadings,  papers  and proceedings of the other several parties in
such action, shall be deemed amended, so as not to require the making or
serving of papers other than said order to  effectuate  such  amendment,
and  shall  further  provide  that the allegations in the answer of such
additional lienor or other person shall, for the purposes of the action,
be deemed denied by the other parties therein. The action  shall  be  so
conducted  by  the  court as not to cause substantially any delay in the
trial thereof.   The bringing in of  such  additional  lienor  or  other
person  shall  be  without  prejudice to the proceedings had, and if the
action be on the calendar of the court, same shall retain its  place  on
such  calendar  without the necessity of serving a new note of issue and
new notices of trial.
  S 25. Subdivision 3 of section 199-a of the labor law, as  amended  by
chapter 564 of the laws of 2010, is amended to read as follows:
  3.  Each  employee  and  his or her authorized representative shall be
notified in writing, OF THE TERMINATION OF THE  COMMISSIONER'S  INVESTI-
GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
of  any  award  and collection of back wages and civil penalties, and of

S. 2232--C                         15

any intent to seek criminal penalties. In the event that criminal penal-
ties are sought the employee and his or  her  authorized  representative
shall be notified of the outcome of prosecution.
  S  26.  Subdivision  2  of section 663 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  2. By commissioner. On behalf of any employee paid less than the  wage
to  which the employee is entitled under the provisions of this article,
the commissioner may bring any legal action necessary, including  admin-
istrative  action,  to  collect  such  claim,  and the employer shall be
required to pay the full amount of the  underpayment,  plus  costs,  and
unless the employer proves a good faith basis to believe that its under-
payment  was  in compliance with the law, an additional amount as liqui-
dated damages. Liquidated damages shall be calculated by the commission-
er as  no  more  than  one  hundred  percent  of  the  total  amount  of
underpayments found to be due the employee. In any action brought by the
commissioner  in  a  court of competent jurisdiction, liquidated damages
shall be calculated as an amount equal to one hundred percent of  under-
payments  found  to  be  due  the  employee. EACH EMPLOYEE OR HIS OR HER
AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
ANY LEGAL ACTION BROUGHT ON  THE  EMPLOYEE'S  BEHALF  PURSUANT  TO  THIS
SECTION.
  S  27.  Subdivision  5  of  section 6201 of the civil practice law and
rules, as amended by chapter 860 of the laws of 1977 and  as  renumbered
by  chapter  618 of the laws of 1992, is amended and a new subdivision 6
is added to read as follows:
  5. the cause of action is based on a judgment, decree or  order  of  a
court  of  the  United States or of any other court which is entitled to
full faith and credit in this state, or on a  judgment  which  qualifies
for  recognition  under the provisions of article 53[.] OF THIS CHAPTER;
OR
  6. THE CAUSE OF ACTION IS BASED ON WAGE CLAIMS.  "WAGE  CLAIMS,"  WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE  COMMISSIONER  OF  LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF
UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY  RETAINED
GRATUITIES,  UNLAWFUL  DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, UNPAID
BENEFITS AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS  PURSUANT
TO 18 U.S.C. S 1595, 29 U.S.C. S 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS  WELL  AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED
PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY  EMPLOY-
MENT CONTRACT.
  S  28.  Section  6210 of the civil practice law and rules, as added by
chapter 860 of the laws of 1977, is amended to read as follows:
  S 6210. Order of attachment on notice;  temporary  restraining  order;
contents.  Upon a motion on notice for an order of attachment, the court
may, without notice to the  defendant,  grant  a  temporary  restraining
order  prohibiting  the transfer of assets by a garnishee as provided in
subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT  PURSUANT  TO
SUBDIVISION  SIX  OF  SECTION  6201,  AND  IF  THE EMPLOYER CONTESTS THE
MOTION, THE COURT SHALL HOLD A HEARING  WITHIN  TEN  DAYS  OF  WHEN  THE
EMPLOYER'S  RESPONSE  TO  PLAINTIFFS'  MOTION FOR ATTACHMENT IS DUE. The
contents of the order of attachment granted  pursuant  to  this  section
shall be as provided in subdivision (a) of section 6211.

S. 2232--C                         16

  S  29.  Subdivision  (b) of section 6211 of the civil practice law and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
  (b)  Confirmation  of  order.  Except  where an order of attachment is
granted on the ground specified in subdivision one  OR  SIX  of  section
6201,  an  order of attachment granted without notice shall provide that
within a period not to exceed five days after levy, the plaintiff  shall
move,  on  such  notice  as the court shall direct to the defendant, the
garnishee, if any, and the sheriff, for an order confirming the order of
attachment. Where an order of attachment without notice  is  granted  on
the  ground  specified  in  subdivision  one OR SIX of section 6201, the
court shall direct that the statement required by section 6219 be served
within five days, that a copy thereof be served upon the plaintiff,  and
the  plaintiff  shall  move  within  ten  days  after  levy for an order
confirming the order of attachment. If the plaintiff  upon  such  motion
shall show that the statement has not been served and that the plaintiff
will  be unable to satisfy the requirement of subdivision (b) of section
6223 until the statement has been served, the court may grant one exten-
sion of the time to move for confirmation for a period not to exceed ten
days. If plaintiff fails to make such motion within the required period,
the order of attachment and any levy thereunder shall  have  no  further
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions  of  subdivision (b) of section 6223 shall apply. An order of
attachment granted without notice may provide that the  sheriff  refrain
from  taking  any  property levied upon into his actual custody, pending
further order of the court.
  S 30. Subdivisions (b) and (e) of rule 6212 of the civil practice  law
and  rules, subdivision (b) as separately amended by chapters 15 and 860
of the laws of 1977 and subdivision (e) as added by chapter 860  of  the
laws of 1977, are amended to read as follows:
  (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON  THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a motion
for an order of attachment, the plaintiff shall give an undertaking,  in
a  total  amount  fixed  by  the  court,  but not less than five hundred
dollars, a specified part thereof conditioned that the  plaintiff  shall
pay  to the defendant all costs and damages, including reasonable attor-
ney's fees, which may be sustained by reason of the  attachment  if  the
defendant  recovers judgment or if it is finally decided that the plain-
tiff was not entitled to an attachment of the defendant's property,  and
the  balance conditioned that the plaintiff shall pay to the sheriff all
of his allowable fees.
  2. ON A MOTION FOR  AN  ATTACHMENT  PURSUANT  TO  SUBDIVISION  SIX  OF
SECTION  6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE, MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the  plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
  (e)  Damages.  [The]  EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON
THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201,  THE  plaintiff
shall  be  liable  to the defendant for all costs and damages, including
reasonable attorney's fees, which may be  sustained  by  reason  of  the
attachment  if  the  defendant  recovers  judgment,  or if it is finally
decided that the plaintiff was not entitled  to  an  attachment  of  the
defendant's  property. Plaintiff's liability shall not be limited by the
amount of the undertaking.

S. 2232--C                         17

  S 31. Section 6223 of the civil practice law and rules, as amended  by
chapter 860 of the laws of 1977, is amended to read as follows:
  S  6223.  Vacating  or  modifying  attachment. (a) Motion to vacate or
modify.  Prior to the application of property or debt to  the  satisfac-
tion of a judgment, the defendant, the garnishee or any person having an
interest  in  the property or debt may move, on notice to each party and
the sheriff, for an order vacating or modifying the order of attachment.
Upon the motion, the court may give the plaintiff a reasonable  opportu-
nity  to  correct  any defect. [If] EXCEPT AS PROVIDED UNDER SUBDIVISION
(B), IF, after the defendant has  appeared  in  the  action,  the  court
determines  that  the  attachment  is unnecessary to the security of the
plaintiff, it shall vacate the order of attachment.  Such a motion shall
not of itself constitute an appearance in the action.
  (b) Burden of proof. [Upon] EXCEPT WHERE AN  ORDER  OF  ATTACHMENT  IS
GRANTED  PURSUANT  TO  SUBDIVISION SIX OF SECTION 6201, UPON a motion to
vacate or modify an order of attachment the  plaintiff  shall  have  the
burden  of  establishing  the  grounds  for the attachment, the need for
continuing the levy and the probability that  he  will  succeed  on  the
merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
PURSUANT  TO  SUBDIVISION  SIX OF SECTION 6201, THE DEFENDANT SHALL HAVE
THE BURDEN TO DEMONSTRATE THAT THE  ATTACHMENT  IS  UNNECESSARY  TO  THE
SECURITY  OF  THE PLAINTIFF, IN ORDER TO VACATE OR MODIFY THE ATTACHMENT
ORDER.
  S 32. Paragraph (b) of section 624 of the business corporation law, as
amended by chapter 449 of the laws  of  1997,  is  amended  to  read  as
follows:
  (b) Any person who shall have been a shareholder of record of a corpo-
ration,  OR  WHO  IS  OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE,
upon at least five days' written demand shall have the right to  examine
in  person  or  by  agent  or attorney, during usual business hours, its
minutes of the proceedings of its shareholders and record of  sharehold-
ers and to make extracts therefrom for any purpose reasonably related to
such  person's  interest as a shareholder, LABORER, SERVANT OR EMPLOYEE.
Holders of voting trust certificates representing shares of  the  corpo-
ration  shall  be  regarded  as  shareholders  for  the  purpose of this
section.  Any such agent or attorney shall be authorized  in  a  writing
that  satisfies  the  requirements  of  a writing under paragraph (b) of
section 609 OF  THIS  ARTICLE  (Proxies).  A  corporation  requested  to
provide information pursuant to this paragraph shall make available such
information in written form and in any other format in which such infor-
mation  is  maintained  by  the corporation and shall not be required to
provide such information in any other format. If a request made pursuant
to this paragraph includes a request to  furnish  information  regarding
beneficial owners, the corporation shall make available such information
in  its  possession  regarding  beneficial  owners as is provided to the
corporation by a registered broker or dealer or a bank,  association  or
other  entity  that  exercises  fiduciary  powers in connection with the
forwarding of information to such owners. The corporation shall  not  be
required  to  obtain  information  about  beneficial  owners  not in its
possession.
  S 33. Section 630 of the business corporation law,  paragraph  (a)  as
amended  by chapter 212 of the laws of 1984, paragraph (c) as amended by
chapter 746 of the laws of 1963, is amended to read as follows:
S 630. Liability of shareholders for wages due to laborers, servants  or
         employees.

S. 2232--C                         18

  (a) The  ten  largest shareholders, as determined by the fair value of
their beneficial interest as of the beginning of the period during which
the unpaid services referred to in this section are performed, of  every
corporation  (other  than an investment company registered as such under
an act of congress entitled "Investment Company Act of 1940"), no shares
of which are listed on a national securities exchange or regularly quot-
ed in an over-the-counter market by one or more members of a national or
an  affiliated  securities  association,  shall jointly and severally be
personally liable for all debts, wages or salaries due and owing to  any
of  its  laborers,  servants  or  employees  other than contractors, for
services performed by them for such corporation. [Before  such  laborer,
servant  or employee shall charge such shareholder for such services, he
shall give notice in writing to such shareholder that he intends to hold
him liable under this section.  Such notice shall be  given  within  one
hundred  and eighty days after termination of such services, except that
if, within such period, the laborer,  servant  or  employee  demands  an
examination of the record of shareholders under paragraph (b) of section
624 (Books and records; right of inspection, prima facie evidence), such
notice may be given within sixty days after he has been given the oppor-
tunity to examine the record of shareholders.  An action to enforce such
liability  shall  be commenced within ninety days after the return of an
execution unsatisfied against the corporation upon a judgment  recovered
against it for such services.]
  (b) For the purposes of this section, wages or salaries shall mean all
compensation  and  benefits payable by an employer to or for the account
of the employee for personal services rendered by such employee  INCLUD-
ING  ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST, ATTORNEY'S
FEES OR COSTS.  These shall specifically include but not be  limited  to
salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
contributions to or payments of insurance or welfare benefits;  employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
  (c) A shareholder who has paid more than his pro rata share under this
section shall be entitled to contribution pro rata from the other share-
holders  liable  under  this section with respect to the excess so paid,
over and above his pro rata share, and may sue them jointly or severally
or any number of them to recover the amount due from them.  Such  recov-
ery  may  be  had  in a separate action. As used in this paragraph, "pro
rata" means in proportion to beneficial share interest. Before a  share-
holder  may  claim contribution from other shareholders under this para-
graph, he shall[, unless they have been given notice by a laborer, serv-
ant or employee under paragraph (a),] give them notice in  writing  that
he  intends to hold them so liable to him. Such notice shall be given by
him within twenty days after the date that [notice was given to him  by]
HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
LIABLE under paragraph (a).
  S  34. Subdivision (c) of section 609 of the limited liability company
law, as added by chapter 537 of the laws of 2014, is amended to read  as
follows:
  (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
section, the ten members with the largest percentage ownership interest,
as  determined as of the beginning of the period during which the unpaid
services referred to in this section are  performed,  of  every  limited
liability  company, shall jointly and severally be personally liable for
all debts, wages or salaries due and owing to any of its laborers, serv-
ants or employees, for services  performed  by  them  for  such  limited

S. 2232--C                         19

liability  company.  [Before  such  laborer,  servant  or employee shall
charge such member for such services, he or she  shall  give  notice  in
writing to such member that he or she intends to hold such member liable
under this section. Such notice shall be given within one hundred eighty
days  after  termination  of  such  services.  An action to enforce such
liability shall be commenced within ninety days after the return  of  an
execution unsatisfied against the limited liability company upon a judg-
ment recovered against it for such services.] A member who has paid more
than  his  or her pro rata share under this section shall be entitled to
contribution pro rata from the other members liable under  this  section
with  respect  to the excess so paid, over and above his or her pro rata
share, and may sue them jointly or severally or any number  of  them  to
recover the amount due from them. Such recovery may be had in a separate
action.  As  used in this subdivision, "pro rata" means in proportion to
percentage ownership interest. Before a member  may  claim  contribution
from  other members under this section, he or she shall give them notice
in writing that he or she intends to hold them so liable to him or her.
  S 35. Section 1102 of the limited liability company law is amended  by
adding a new subdivision (e) to read as follows:
  (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE  OF  A  LIMITED  LIABILITY  COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN
DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT  OR  ATTOR-
NEY,  DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF
SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE  PERIOD  OF  TIME  DURING
WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
NY.  A  COMPANY  REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS PARA-
GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER
FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND  SHALL
NOT  BE  REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.  UPON
REFUSAL BY THE COMPANY OR BY AN OFFICER  OR  AGENT  OF  THE  COMPANY  TO
PERMIT  AN  INSPECTION  OF  THE RECORDS DESCRIBED IN THIS PARAGRAPH, THE
PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE  SUPREME  COURT
IN  THE  JUDICIAL  DISTRICT  WHERE THE OFFICE OF THE COMPANY IS LOCATED,
UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR  AN  ORDER  DIRECTING  THE
COMPANY,  ITS  MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT
BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT  IS
QUALIFIED  AND  ENTITLED  TO  SUCH  INSPECTION, THE COURT SHALL GRANT AN
ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS  TO
THE  COURT  MAY  SEEM  JUST  AND PROPER. IF THE APPLICANT IS FOUND TO BE
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE  COMPANY  SHALL  PAY  ALL
REASONABLE  ATTORNEY'S  FEES  AND COSTS OF SAID APPLICANT RELATED TO THE
DEMAND FOR INSPECTION OF THE RECORDS.
  S 36. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law; provided, however, section thirty-four of this act
shall take effect on the same date and in the same manner as section  11
of  chapter  537  of  the laws of 2014, takes effect. The procedures and
rights created in this act may be used by employees, laborers  or  serv-
ants  in  connection with claims for liabilities that arose prior to the
effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2232--D

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to the Committee on Judiciary in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the lien law, in relation to employee  liens;  to  amend
  the  labor law, in relation to employee complaints; to amend the civil
  practice law and rules, in relation  to  grounds  for  attachment;  to
  amend the business corporation law, in relation to streamlining proce-
  dures  where  employees  may  hold shareholders of non-publicly traded
  corporations personally liable for wage theft; and to amend the limit-
  ed liability company law, in relation to creating a right for  victims
  of  wage  theft  to  hold  the  ten members with the largest ownership
  interests in a company personally liable for wage theft

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2 of the lien law is amended by adding three new
subdivisions 21, 22 and 23 to read as follows:
  21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE  THE  SAME  MEANING  AS "EMPLOYEE" PURSUANT TO THE LABOR LAW OR THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE  THE  SAME  MEANING  AS "EMPLOYER" PURSUANT TO THE LABOR LAW OR THE
FAIR LABOR STANDARDS ACT, AS APPLICABLE.
  23. WAGE CLAIM. THE TERM "WAGE CLAIM",  WHEN  USED  IN  THIS  CHAPTER,
MEANS  A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00429-06-6
              

S. 2232--D                          2

HUNDRED SEVENTY, ONE HUNDRED NINETY-ONE, ONE HUNDRED  NINETY-THREE,  ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF  THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS PROMULGATED
BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN
EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A
CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C. S 206.
  S  2. Section 3 of the lien law, as amended by chapter 137 of the laws
of 1985, is amended to read as follows:
  S 3. Mechanic's lien  AND  EMPLOYEE'S  LIEN  on  [real]  property.  1.
MECHANIC'S  LIEN.  A  contractor,  subcontractor,  laborer, materialman,
landscape gardener, nurseryman or person or corporation selling fruit or
ornamental trees, roses, shrubbery, vines and small fruits, who performs
labor or furnishes materials for the improvement of real  property  with
the  consent  or  at  the request of the owner thereof, or of his agent,
contractor or subcontractor, and any trust fund to  which  benefits  and
wage  supplements  are  due or payable for the benefit of such laborers,
shall have a lien for the principal and interest, of the value,  or  the
agreed price, of such labor, including benefits and wage supplements due
or  payable  for  the benefit of any laborer, or materials upon the real
property improved or to be improved and upon such improvement, from  the
time  of  filing  a  notice  of such lien as prescribed in this chapter.
Where the contract for an improvement is made with a husband or wife and
the property belongs to the other or both, the husband or wife contract-
ing shall also be presumed to be the agent of  the  other,  unless  such
other  having  knowledge of the improvement shall, within ten days after
learning of the contract give the contractor written notice  of  his  or
her  refusal  to  consent  to the improvement. Within the meaning of the
provisions of this chapter, materials actually manufactured for but  not
delivered  to  the  real  property, shall also be deemed to be materials
furnished.
  2. EMPLOYEE'S LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT  TERM  IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
HAVE  A LIEN ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY FOR THE VALUE
OF THE WAGE CLAIM ARISING OUT OF THE EMPLOYMENT, FROM THE TIME OF FILING
A NOTICE OF SUCH LIEN AS PRESCRIBED IN THIS CHAPTER. AN EMPLOYEE'S  LIEN
BASED ON A WAGE CLAIM MAY BE HAD AGAINST THE EMPLOYER'S INTEREST IN REAL
PROPERTY  AND  AGAINST THE EMPLOYER'S INTEREST IN PERSONAL PROPERTY THAT
CAN BE SUFFICIENTLY DESCRIBED WITHIN THE MEANING OF SECTION 9-108 OF THE
UNIFORM COMMERCIAL CODE, EXCEPT THAT AN EMPLOYEE'S LIEN SHALL NOT EXTEND
TO ACCOUNTS OR GOODS AS THOSE TERMS ARE DEFINED IN SECTION 9-102 OF  THE
UNIFORM COMMERCIAL CODE.
  3.  AS  USED  IN  THIS  ARTICLE AND UNLESS OTHERWISE SPECIFIED, A LIEN
SHALL MEAN AN EMPLOYEE'S LIEN OR A MECHANIC'S LIEN.
  S 3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision  1
as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
by chapter 704 of the laws of 1985, are amended to read as follows:
  (1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
REAL  PROPERTY  shall  extend to the owner's right, title or interest in
the real property and improvements, existing at the time of  filing  the
notice  of  lien,  or thereafter acquired, except as hereinafter in this
article provided. If an owner assigns his interest in such real property
by a general assignment for the benefit of creditors, within thirty days
prior to such filing,  the  lien  shall  extend  to  the  interest  thus
assigned.  If  any  part  of the real property subjected to such lien be
removed by the owner or by any other person,  at  any  time  before  the
discharge  thereof,  such  removal  shall  not  affect the rights of the

S. 2232--D                          3

lienor, either in respect to the remaining real property, or the part so
removed. If labor  is  performed  for,  or  materials  furnished  to,  a
contractor  or  subcontractor  for  an  improvement, the MECHANIC'S lien
shall  not  be  for  a sum greater than the sum earned and unpaid on the
contract at the time of filing the notice of lien, and  any  sum  subse-
quently  earned  thereon. In no case shall the owner be liable to pay by
reason of all MECHANIC'S liens created pursuant to this  article  a  sum
greater  than  the  value  or  agreed  price  of the labor and materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
  (2) [Such] A MECHANIC'S OR EMPLOYEE'S lien shall  not  extend  to  the
owner's  right,  title  or  interest  in real property and improvements,
existing at the time of filing the notice of lien if  such  lien  arises
from the failure of a lessee of the right to explore, develop or produce
natural  gas or oil, to pay for, compensate or render value for improve-
ments made with the consent or at  the  request  of  such  lessee  by  a
contractor,  subcontractor,  materialman,  equipment  operator or owner,
landscaper, nurseryman, or person or corporation who performs  labor  or
furnishes  materials  for the exploration, development, or production of
oil or natural gas or otherwise  improves  such  leased  property.  Such
MECHANIC'S  OR EMPLOYEE'S lien shall extend to the improvements made for
the exploration, development and production of oil and natural gas,  and
the  working  interest held by a lessee of the right to explore, develop
or produce oil and natural gas.
  S 4. The opening paragraph of section 4-a of the lien law, as  amended
by chapter 696 of the laws of 1959, is amended to read as follows:
  The  proceeds  of  any  insurance which by the terms of the policy are
payable to the owner of real property improved, and actually received or
to be received by him because of the destruction or removal by  fire  or
other  casualty  of an improvement on which lienors have performed labor
or services or for which they have furnished materials, OR UPON WHICH AN
EMPLOYEE HAS ESTABLISHED AN EMPLOYEE'S LIEN, shall after the  owner  has
been  reimbursed  therefrom  for  premiums paid by him, if any, for such
insurance, be subject to liens provided by this act to the  same  extent
and  in  the same order of priority as the real property would have been
had such improvement not been so destroyed or removed.
  S 5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as  amended
by chapter 515 of the laws of 1929, are amended to read as follows:
  1.  The  name OF THE LIENOR, and EITHER THE residence of the lienor OR
THE NAME AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY;  and  if
the  lienor  is  a partnership or a corporation, the business address of
such firm, or corporation, the names of partners and principal place  of
business,  and if a foreign corporation, its principal place of business
within the state.
  2. The name of the owner of the [real] property against whose interest
therein a lien is claimed, and the interest of the owner as far as known
to the lienor.
  5. The amount unpaid to the lienor for such labor or materials, OR THE
AMOUNT OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR  ESTABLISHMENT
OF THE LIEN.
  S  6. Subdivision 1 of section 10 of the lien law, as amended by chap-
ter 367 of the laws of 2011, is amended to read as follows:
  1. (A) Notice of MECHANIC'S lien may be filed at any time  during  the
progress  of  the  work  and the furnishing of the materials, or, within
eight months after the completion of the contract, or the final perform-
ance of the work, or the final furnishing of the materials, dating  from

S. 2232--D                          4

the last item of work performed or materials furnished; provided, howev-
er,  that  where the improvement is related to real property improved or
to be improved with a single family dwelling, the notice  of  MECHANIC'S
lien  may  be  filed at any time during the progress of the work and the
furnishing of the materials, or, within four months after the completion
of the contract, or the final performance of  the  work,  or  the  final
furnishing of the materials, dating from the last item of work performed
or materials furnished; and provided further where the notice of MECHAN-
IC'S  lien  is for retainage, the notice of MECHANIC'S lien may be filed
within ninety days after the date the retainage was due to be  released;
except  that  in  the case of a MECHANIC'S lien by a real estate broker,
the notice of MECHANIC'S lien may be filed only after the performance of
the brokerage services and execution of lease by both lessor and  lessee
and  only  if  a  copy of the alleged written agreement of employment or
compensation is annexed to the notice of lien, provided that  where  the
payment  pursuant to the written agreement of employment or compensation
is to be made in installments, then a notice of lien may be filed within
eight months after the final payment is due, but in no event later  than
a date five years after the first payment was made. For purposes of this
section,  the term "single family dwelling" shall not include a dwelling
unit which is a part of a subdivision that has been filed with a munici-
pality in which the subdivision is located when at the time the lien  is
filed,  such  property  in the subdivision is owned by the developer for
purposes other  than  his  personal  residence.  For  purposes  of  this
section,  "developer"  shall  mean  and  include any private individual,
partnership, trust or corporation which improves two or more parcels  of
real  property  with single family dwellings pursuant to a common scheme
or plan. [The]
  (B) NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER  THAN
SIX  YEARS  FOLLOWING  THE END OF THE EMPLOYMENT GIVING RISE TO THE WAGE
CLAIM.
  (C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
be filed in the clerk's office of the county where the property is situ-
ated. If such property is situated in two or more counties,  the  notice
of  lien shall be filed in the office of the clerk of each of such coun-
ties. The county clerk of each county shall provide and keep a  book  to
be  called  the  "lien docket," which shall be suitably ruled in columns
headed "owners," "lienors," "lienor's attorney,"  "property,"  "amount,"
"time of filing," "proceedings had," in each of which he shall enter the
particulars  of  the  notice, properly belonging therein. The date, hour
and minute of the filing of each notice of lien shall be entered in  the
proper  column.  Except  where the county clerk maintains a block index,
the names of the owners shall be arranged in such book  in  alphabetical
order.  The  validity of the lien and the right to file a notice thereof
shall not be affected by the death of the owner  before  notice  of  the
lien is filed.  A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
FILED,  TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
  S 7. Section 11 of the lien law, as amended by chapter 147 of the laws
of 1996, is amended to read as follows:
  S 11. Service of copy of notice of lien.  1. Within five  days  before
or  thirty days after filing the notice of A MECHANIC'S lien, the lienor
shall serve a copy of such notice upon the owner, if a  natural  person,
(a)  by delivering the same to him personally, or if the owner cannot be
found, to his agent or attorney, or (b) by leaving it at his last  known
place  of  residence  in  the city or town in which the real property or

S. 2232--D                          5

some part thereof is  situated,  with  a  person  of  suitable  age  and
discretion, or (c) by registered or certified mail addressed to his last
known  place of residence, or (d) if such owner has no such residence in
such  city or town, or cannot be found, and he has no agent or attorney,
by affixing a copy thereof conspicuously on such property,  between  the
hours of nine o'clock in the forenoon and four o'clock in the afternoon;
if  the owner be a corporation, said service shall be made (i) by deliv-
ering such copy to and leaving the same with the president,  vice-presi-
dent, secretary or clerk to the corporation, the cashier, treasurer or a
director  or  managing  agent  thereof, personally, within the state, or
(ii) if such officer cannot be found within the state by affixing a copy
thereof conspicuously on such property between the hours of nine o'clock
in the forenoon and four o'clock in the afternoon, or  (iii)  by  regis-
tered  or  certified mail addressed to its last known place of business.
Failure to file proof of such a service with  the  county  clerk  within
thirty-five  days  after the notice of lien is filed shall terminate the
notice as a lien. Until service of the notice has been  made,  as  above
provided, an owner, without knowledge of the lien, shall be protected in
any  payment made in good faith to any contractor or other person claim-
ing a lien.
  2. WITHIN FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE  NOTICE  OF
AN  EMPLOYEE'S  LIEN,  THE LIENOR SHALL SERVE A COPY OF SUCH NOTICE UPON
THE EMPLOYER, IF A NATURAL PERSON, (A) BY DELIVERING  THE  SAME  TO  HIM
PERSONALLY,  OR  IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT OR ATTOR-
NEY, OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR  BUSI-
NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
OR  CERTIFIED  MAIL  ADDRESSED  TO  HIS LAST KNOWN PLACE OF RESIDENCE OR
BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
THEREOF CONSPICUOUSLY ON  SUCH  PROPERTY,  BETWEEN  THE  HOURS  OF  NINE
O'CLOCK  IN  THE  FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. THE LIENOR
ALSO SHALL, WITHIN THIRTY DAYS AFTER FILING  THE  NOTICE  OF  EMPLOYEE'S
LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROPERTY IDENTIFIED
IN  THE  NOTICE OF EMPLOYEE'S LIEN, BETWEEN THE HOURS OF NINE O'CLOCK IN
THE FORENOON AND FOUR O'CLOCK IN THE AFTERNOON. IF  THE  EMPLOYER  BE  A
CORPORATION,  SAID  SERVICE SHALL BE MADE (I) BY DELIVERING SUCH COPY TO
AND LEAVING THE SAME WITH THE PRESIDENT,  VICE-PRESIDENT,  SECRETARY  OR
CLERK TO THE CORPORATION, THE CASHIER, TREASURER OR A DIRECTOR OR MANAG-
ING AGENT THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER
CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY THEREOF CONSPICUOUS-
LY  ON  SUCH  PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK IN THE FORENOON
AND FOUR O'CLOCK IN THE AFTERNOON, OR (III) BY REGISTERED  OR  CERTIFIED
MAIL  ADDRESSED TO ITS LAST KNOWN PLACE OF BUSINESS, OR (IV) BY DELIVERY
TO THE SECRETARY OF THE DEPARTMENT  OF  STATE  IN  THE  SAME  MANNER  AS
REQUIRED  BY  PARAGRAPH  ONE OF SUBDIVISION (B) OF SECTION THREE HUNDRED
SIX OF THE BUSINESS CORPORATION LAW.  FAILURE TO FILE PROOF  OF  SUCH  A
SERVICE  WITH  THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER THE NOTICE
OF LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE  OF
THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE
OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY
OTHER PERSON CLAIMING A LIEN.
  S  8.  Section  11-b of the lien law, as amended by chapter 147 of the
laws of 1996, is amended to read as follows:
  S 11-b. Copy of notice of MECHANIC'S lien to a contractor  or  subcon-
tractor.    Within five days before or thirty days after filing a notice
of MECHANIC'S lien in accordance with section ten of this chapter or the
filing of an amendment of notice of MECHANIC'S lien in  accordance  with

S. 2232--D                          6

section twelve-a of this [chapter] ARTICLE the lienor shall serve a copy
of such notice or amendment by certified mail on the contractor, subcon-
tractor, assignee or legal representative for whom he was employed or to
whom  he furnished materials or if the lienor is a contractor or subcon-
tractor to the person, firm or corporation with whom  the  contract  was
made.  A  lienor having a direct contractual relationship with a subcon-
tractor or a sub-subcontractor but not  with  a  contractor  shall  also
serve  a  copy  of  such  notice  or  amendment by certified mail to the
contractor. Failure to file proof of such  a  service  with  the  county
clerk  within  thirty-five  days after the notice of lien is filed shall
terminate the notice as a lien. Any lienor, or a person acting on behalf
of a lienor, who fails to serve a copy of the notice of MECHANIC'S  lien
as  required  by  this section shall be liable for reasonable attorney's
fees, costs and expenses,  as  determined  by  the  court,  incurred  in
obtaining such copy.
  S  9.  Subdivision  1  of  section 12-a of the lien law, as amended by
chapter 1048 of the laws of 1971, is amended to read as follows:
  1. Within sixty days after the original filing, a lienor may amend his
lien upon twenty days notice to existing  lienors,  mortgagees  and  the
owner,  provided  that  no action or proceeding to enforce or cancel the
mechanics' lien OR EMPLOYEE'S LIEN has  been  brought  in  the  interim,
where  the purpose of the amendment is to reduce the amount of the lien,
except the question of wilful exaggeration shall survive such amendment.
  S 10. Subdivision 1 of section 13 of the lien law, as amended by chap-
ter 878 of the laws of 1947, is amended to read as follows:
  (1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
performed in the improvement of real property, shall have priority  over
a  conveyance,  mortgage,  judgment or other claim against such property
not recorded, docketed or filed at the time of the filing of the  notice
of  such  lien,  except  as  hereinafter  in this chapter provided; over
advances made upon any mortgage or other encumbrance thereon after  such
filing,  except  as  hereinafter  in this article provided; and over the
claim of a creditor who has not furnished materials or  performed  labor
upon such property, if such property has been assigned by the owner by a
general  assignment  for  the  benefit  of creditors, within thirty days
before the filing of either of such notices; and also over an attachment
hereafter issued or a money judgment hereafter recovered upon  a  claim,
which,  in  whole  or  in  part,  was not for materials furnished, labor
performed or moneys advanced for the improvement of such real  property;
and  over  any claim or lien acquired in any proceedings upon such judg-
ment. Such liens shall also have priority  over  advances  made  upon  a
contract  by an owner for an improvement of real property which contains
an option to the contractor, his successor or assigns  to  purchase  the
property, if such advances were made after the time when the labor began
or  the first item of material was furnished, as stated in the notice of
lien. If several buildings are demolished, erected, altered or repaired,
or several pieces or parcels of real property are  improved,  under  one
contract,  and  there  are  conflicting liens thereon, each lienor shall
have priority upon the particular part of the real property or upon  the
particular  building  or  premises  where  his labor is performed or his
materials are used. Persons shall have no priority  on  account  of  the
time of filing their respective notices of liens, but all liens shall be
on  a  parity except as hereinafter in section fifty-six of this chapter
provided; and except that in all cases  laborers  for  daily  or  weekly
wages  WITH  A  MECHANIC'S  LIEN, AND EMPLOYEES WITH AN EMPLOYEE'S LIEN,
shall have preference over all other claimants under this article.

S. 2232--D                          7

  S 11. Section 17 of the lien law, as amended by  chapter  324  of  the
laws of 2000, is amended to read as follows:
  S  17.  Duration  of lien. 1. (A) No MECHANIC'S lien specified in this
article shall be a lien for a longer period  than  one  year  after  the
notice  of  lien  has  been  filed, unless within that time an action is
commenced to foreclose the lien, and a notice of the  pendency  of  such
action,  whether  in  a  court of record or in a court not of record, is
filed with the county clerk of the county in which the notice of lien is
filed, containing the names of the parties to the action, the object  of
the  action,  a brief description of the real property affected thereby,
and the time of filing the notice of lien; or  unless  an  extension  to
such lien, except for a lien on real property improved or to be improved
with  a  single  family  dwelling, is filed with the county clerk of the
county in which the notice of lien is filed within  one  year  from  the
filing  of  the  original  notice of lien, continuing such lien and such
lien shall be redocketed as of the date of filing such  extension.  Such
extension  shall  contain  the  names of the lienor and the owner of the
real property against whose interest therein such  lien  is  claimed,  a
brief description of the real property affected by such lien, the amount
of  such  lien, and the date of filing the notice of lien. No lien shall
be continued by such extension for more than one year  from  the  filing
thereof.  In  the event an action is not commenced to foreclose the lien
within such extended period, such lien shall be extinguished  unless  an
order  be  granted  by  a court of record or a judge or justice thereof,
continuing such lien, and such lien shall be redocketed as of  the  date
of  granting such order and a statement made that such lien is continued
by virtue of such order. A lien on  real  property  improved  or  to  be
improved  with a single family dwelling may only be extended by an order
of a court of record, or a judge or justice thereof. No  lien  shall  be
continued by court order for more than one year from the granting there-
of,  but  a  new  order  and entry may be made in each of two successive
years. If a lienor is made a party defendant in  an  action  to  enforce
another  lien, and the plaintiff or such defendant has filed a notice of
the pendency of the action within the time prescribed in  this  section,
the  lien  of  such defendant is thereby continued. Such action shall be
deemed an action to enforce the lien of such defendant lienor. The fail-
ure to file a notice of pendency of action shall not abate the action as
to any person liable for the payment of the debt specified in the notice
of lien, and the action may  be  prosecuted  to  judgment  against  such
person.  The  provisions  of  this section in regard to continuing liens
shall apply to liens discharged by deposit or by order on the filing  of
an  undertaking.  Where  a  lien is discharged by deposit or by order, a
notice of pendency of action shall not be filed.
  (B) A lien, the duration of which has been extended by the filing of a
notice of the pendency of an action as above provided,  shall  neverthe-
less terminate as a lien after such notice has been canceled as provided
in  section  sixty-five  hundred  fourteen of the civil practice law and
rules or has ceased to be effective as constructive notice  as  provided
in  section  sixty-five  hundred  thirteen of the civil practice law and
rules.
  2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
ER PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED,  UNLESS
AN  EXTENSION  TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF THE COUNTY
IN WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING  OF
THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL

S. 2232--D                          8

CONTAIN  THE  NAMES  OF  THE  LIENOR  AND THE OWNER OF THE REAL PROPERTY
AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION
OF THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND  THE
DATE  OF  FILING THE NOTICE OF LIEN.  NO LIEN SHALL BE CONTINUED BY SUCH
EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN  THE  EVENT
AN  ACTION  IS  NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE CLAIM OR TO
FORECLOSE THE LIEN WITHIN SUCH  EXTENDED  PERIOD,  SUCH  LIEN  SHALL  BE
EXTINGUISHED  UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A JUDGE
OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
ETED AS OF THE DATE OF GRANTING SUCH ORDER AND  A  STATEMENT  MADE  THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
  (B)  NO  EMPLOYEE'S  LIEN  ON  PERSONAL PROPERTY SHALL BE A LIEN FOR A
LONGER PERIOD THAN ONE YEAR  AFTER  THE  FINANCING  STATEMENT  HAS  BEEN
RECORDED,  UNLESS  AN  EXTENSION  TO SUCH LIEN, IS FILED WITH THE FILING
OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
FILING OF THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH  LIEN.  SUCH
EXTENSION  SHALL  CONTAIN  THE  NAMES OF THE LIENOR AND THE OWNER OF THE
PROPERTY AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS  CLAIMED,  A  BRIEF
DESCRIPTION  OF  THE  PRIOR  FINANCING STATEMENT TO BE EXTENDED, AND THE
DATE OF FILING THE PRIOR FINANCING STATEMENT.  NO LIEN SHALL BE  CONTIN-
UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
THE  EVENT  AN  ACTION  IS  NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE
CLAIM OR TO FORECLOSE THE LIEN WITHIN SUCH EXTENDED  PERIOD,  SUCH  LIEN
SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
REFILED  AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
  (C) IF A LIENOR IS MADE A PARTY DEFENDANT  IN  AN  ACTION  TO  ENFORCE
ANOTHER  LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE OF
THE PENDENCY OF THE ACTION WITHIN THE TIME PRESCRIBED IN  THIS  SECTION,
THE  LIEN  OF  SUCH DEFENDANT IS THEREBY CONTINUED. SUCH ACTION SHALL BE
DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
OF LIEN, AND THE ACTION MAY  BE  PROSECUTED  TO  JUDGMENT  AGAINST  SUCH
PERSON.    THE  PROVISIONS OF THIS SECTION IN REGARD TO CONTINUING LIENS
SHALL APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING  OF
AN  UNDERTAKING.  WHERE  A  LIEN IS DISCHARGED BY DEPOSIT OR BY ORDER, A
NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.
  (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON THE WAGE  CLAIM  WITHIN  ONE
YEAR  FROM  THE  FILING  OF  THE  NOTICE OF LIEN ON REAL PROPERTY OR THE
RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
HUNDRED TWENTY DAYS FOLLOWING  THE  ENTRY  OF  FINAL  JUDGMENT  IN  SUCH
ACTION,  UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR ADMINISTRATIVE
ORDER IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR  COMMENCES
A  FORECLOSURE  ACTION, IN WHICH INSTANCE THE LIEN SHALL BE VALID DURING
THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
PENDENCY OF A FORECLOSURE ACTION OR AN ACTION TO OBTAIN  A  JUDGMENT  ON
THE  WAGE  CLAIM,  THE  LIENOR  SHALL FILE A NOTICE OF SUCH PENDENCY AND
EXTENSION WITH THE COUNTY CLERK OF THE COUNTY IN  WHICH  THE  NOTICE  OF
LIEN  IS  FILED,  CONTAINING THE NAMES OF THE PARTIES TO THE ACTION, THE
OBJECT OF THE ACTION, A  BRIEF  DESCRIPTION  OF  THE  PROPERTY  AFFECTED
THEREBY,  AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF A

S. 2232--D                          9

LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
IZED TO ACCEPT FINANCING STATEMENTS PURSUANT TO  SECTION  9-501  OF  THE
UNIFORM  COMMERCIAL  CODE.  FOR  PURPOSES  OF THIS SECTION, AN ACTION TO
OBTAIN  JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY COURT
OF COMPETENT JURISDICTION OR  THE  SUBMISSION  OF  A  COMPLAINT  TO  THE
DEPARTMENT  OF  LABOR.  AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE
CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
COMPLAINT.
  (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED,  SHALL  NEVERTHE-
LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  FOURTEEN OF THE CIVIL PRACTICE LAW AND
RULES OR HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE  AS  PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  THIRTEEN OF THE CIVIL PRACTICE LAW AND
RULES.
  S 12. Subdivisions 2 and 4 of section 19 of the lien law,  subdivision
2  as  amended  by chapter 310 of the laws of 1962, and subdivision 4 as
added by chapter 582 of the laws of 2002, paragraph (a) of subdivision 4
as further amended by section 104 of part A of chapter 62 of the laws of
2011, are amended to read as follows:
  (2) By failure to begin an action to foreclose such lien or to  secure
an  order  continuing  it,  within  one year from the time of filing the
notice of lien, unless (I) an action be begun within the same period  to
foreclose  a  mortgage or another mechanic's lien upon the same property
or any part thereof and a notice of pendency of  such  action  is  filed
according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
A  WAGE  CLAIM  PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN OF THIS
ARTICLE, but a lien, the duration of which  has  been  extended  by  the
filing  of  a  notice  of  the pendency of an action as herein provided,
shall nevertheless terminate as  a  lien  after  such  notice  has  been
cancelled or has ceased to be effective as constructive notice.
  (4) Either before or after the beginning of an action by the EMPLOYER,
owner  or  contractor executing a bond or undertaking in an amount equal
to one hundred ten percent of such lien conditioned for the  payment  of
any  judgment which may be rendered against the property OR EMPLOYER for
the enforcement of the lien:
  a. The execution of any such bond or undertaking by  any  fidelity  or
surety  company  authorized  by the laws of this state to transact busi-
ness, shall be sufficient; and where a certificate of qualification  has
been  issued  by  the  superintendent  of  financial  services under the
provisions of section one thousand one hundred eleven of  the  insurance
law,  and has not been revoked, no justification or notice thereof shall
be necessary. Any such company may execute any such bond or  undertaking
as  surety  by  the  hand  of its officers, or attorney, duly authorized
thereto by resolution of its board of directors,  a  certified  copy  of
which  resolution,  under  the seal of said company, shall be filed with
each bond or undertaking. Any such bond or undertaking  shall  be  filed
with the clerk of the county in which the notice of lien is filed, and a
copy  shall  be served upon the adverse party. The undertaking is effec-
tive when so served and filed. If a certificate of qualification  issued
pursuant  to  subsections  (b),  (c) and (d) of section one thousand one
hundred eleven of the insurance law is not filed with the undertaking, a
party may except, to the sufficiency of a surety and by a written notice
of exception served  upon  the  adverse  party  within  ten  days  after
receipt,  a  copy  of the undertaking. Exceptions deemed by the court to

S. 2232--D                         10

have been taken unnecessarily, or  for  vexation  or  delay,  may,  upon
notice,  be  set  aside,  with  costs. Where no exception to sureties is
taken within ten days or where  exceptions  taken  are  set  aside,  the
undertaking shall be allowed.
  b. In the case of bonds or undertakings not executed pursuant to para-
graph  a  of  this  subdivision, the EMPLOYER, owner or contractor shall
execute an undertaking with two or more sufficient sureties,  who  shall
be free holders, to the clerk of the county where the premises are situ-
ated.  The  sureties  must  together  justify in at least double the sum
named in the undertaking. A copy of the undertaking,  with  notice  that
the sureties will justify before the court, or a judge or justice there-
of,  at  the  time  and place therein mentioned, must be served upon the
lienor or his attorney, not less than five days before such  time.  Upon
the  approval of the undertaking by the court, judge or justice an order
shall be made by such court, judge or justice discharging such lien.
  c. If the lienor cannot be found, or  does  not  appear  by  attorney,
service  under  this  subsection  may  be made by leaving a copy of such
undertaking and notice at the lienor's  place  of  residence,  or  if  a
corporation at its principal place of business within the state as stat-
ed  in  the notice of lien, with a person of suitable age and discretion
therein, or if the house of his abode or its place of  business  is  not
stated  in  said notice of lien and is not known, then in such manner as
the court may direct. The premises, if any, described in the  notice  of
lien  as  the lienor's residence or place of business shall be deemed to
be his said residence or its place of business for the purposes of  said
service  at  the time thereof, unless it is shown affirmatively that the
person servicing the papers or directing the service  had  knowledge  to
the  contrary.  Notwithstanding the other provisions of this subdivision
relating to service of notice, in any case where the mailing address  of
the  lienor  is outside the state such service may be made by registered
or certified mail, return receipt requested, to such lienor at the mail-
ing address contained in the notice of lien.
  d. Except as otherwise provided in this subdivision, the provisions of
article twenty-five of the  civil  practice  law  and  rules  regulating
undertakings  is  applicable  to  a  bond  or  undertaking given for the
discharge of a lien on account of private improvements OR OF AN  EMPLOY-
EE'S LIEN.
  S  13.  Section  24  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 24.  Enforcement  of  [mechanic's]  lien.  (1)  REAL  PROPERTY.  The
[mechanics']  liens  ON  REAL  PROPERTY specified in this article may be
enforced against the property specified in the notice of lien and  which
is subject thereto and against any person liable for the debt upon which
the lien is founded, as prescribed in article three of this chapter.
  (2)  PERSONAL PROPERTY. AN EMPLOYEE'S LIEN ON PERSONAL PROPERTY SPECI-
FIED IN THIS ARTICLE MAY IMMEDIATELY BE ENFORCED  AGAINST  THE  PROPERTY
THROUGH  A  FORECLOSURE  AS  PRESCRIBED  IN  ARTICLE NINE OF THE UNIFORM
COMMERCIAL CODE, OR UPON JUDGMENT OBTAINED BY THE EMPLOYEE, COMMISSIONER
OF LABOR OR ATTORNEY GENERAL OF THE STATE OF NEW YORK, MAY  BE  ENFORCED
IN  ANY  MANNER  AVAILABLE  TO THE JUDGMENT CREDITOR PURSUANT TO ARTICLE
NINE OF THE UNIFORM COMMERCIAL CODE OR OTHER APPLICABLE LAWS.
  S 14. Section 26 of the lien law, as amended by  chapter  373  of  the
laws of 1977, is amended to read as follows:
  S  26.  Subordination  of liens after agreement with owner. In case an
owner of real property shall execute to one or more persons, or a corpo-
ration, as trustee or trustees, a bond and mortgage or a note and  mort-

S. 2232--D                         11

gage  affecting  such  property in whole or in part, or an assignment of
the moneys due or to become due under a contract for a building loan  in
relation  to  such property, and in case such mortgage, if any, shall be
recorded  in  the  office  of the register of the county where such real
property is situated, or if such county has  no  register  then  in  the
office of the clerk of such county, and in case such assignment, if any,
shall  be filed in the office of the clerk of the county where such real
property is situated; and in  case  lienors  having  [mechanics']  liens
against  said  real property, notices of which have been filed up to and
not later than fifteen days after the recording of such mortgage or  the
filing  of  such assignment, and which liens have not been discharged as
in this article provided, shall, to the extent of  at  least  fifty-five
per  centum of the aggregate amount for which such notices of liens have
been so filed, approve such bond and mortgage or such note and mortgage,
if any, and such assignment, if any, by an instrument or instruments  in
writing, duly acknowledged and filed in the office of such county clerk,
then  all  mechanics'  liens  for  labor performed or material furnished
prior to the recording of such mortgage or filing  of  such  assignment,
whether  notices  thereof  have been theretofore or are thereafter filed
and which have not been discharged as in this article provided, shall be
subordinate to the lien of such trust bond and mortgage  or  such  trust
note  and  mortgage to the extent of the aggregate amount of all certif-
icates of interest therein issued by such trustee or trustees, or  their
successors,  for moneys loaned, materials furnished, labor performed and
any other indebtedness incurred after said  trust  mortgage  shall  have
been  recorded, and for expenses in connection with said trust mortgage,
and shall also be subordinate to the lien of the bond  and  mortgage  or
note  and  mortgage,  given  to  secure the amount agreed to be advanced
under such contract for a building loan to  the  extent  of  the  amount
which  shall be advanced by the holder of such bond and mortgage or such
note and mortgage to the trustee or trustees, or their successors, under
such assignment. The provisions of this section shall apply to all bonds
and mortgages and notes and mortgages and all assignments of moneys due,
or to become due under building loan contracts executed by  such  owner,
in like manner, and recorded or filed, from time to time as hereinbefore
provided.  In  case of an assignment to trustees under the provisions of
this section, the trustees and their successors shall be the  agents  of
the assignor to receive and receipt for any and all sums advanced by the
holder  of the building loan bond and mortgage or the building loan note
and mortgage under the building loan contract and  such  assignment.  No
lienor  shall  have  any priority over the bond and mortgage or note and
mortgage given to secure the money agreed to be advanced under a  build-
ing loan contract or over the advances made thereunder, by reason of any
act preceding the making and approval of such assignment.
  S  15.  Section  38  of the lien law, as amended by chapter 859 of the
laws of 1930, is amended to read as follows:
  S 38. Itemized statement may be required of lienor. A lienor  who  has
filed  a  notice of MECHANIC'S lien shall, on demand in writing, deliver
to the owner or contractor making such demand  a  statement  in  writing
which  shall  set forth the items of labor and/or material and the value
thereof which make up the amount for which he claims a lien,  and  which
shall  also  set  forth the terms of the contract under which such items
were furnished.  A LIENOR WHO HAS FILED A NOTICE OF EMPLOYEE LIEN SHALL,
ON DEMAND IN WRITING, DELIVER TO  THE  EMPLOYER  MAKING  SUCH  DEMAND  A
STATEMENT  IN  WRITING WHICH SHALL SET FORTH THE ITEMS OF THE WAGE CLAIM
AND THE VALUE THEREOF WHICH MAKE UP THE AMOUNT FOR  WHICH  HE  CLAIMS  A

S. 2232--D                         12

LIEN.  The statement shall be verified by the lienor or his agent in the
form required for the verification of notices in section  nine  of  this
[chapter] ARTICLE. If the lienor shall fail to comply with such a demand
within  five  days  after the same shall have been made by the EMPLOYER,
owner or contractor, or if the lienor delivers  an  insufficient  state-
ment,  the person aggrieved may petition the supreme court of this state
or any justice thereof, or the county court  of  the  county  where  the
premises  are  situated, or the county judge of such county for an order
directing the lienor within a time specified in the order to deliver  to
the  petitioner the statement required by this section. Two days' notice
in writing of such application shall be served  upon  the  lienor.  Such
service  shall  be  made  in the manner provided by law for the personal
service of a summons. The court or a justice or judge thereof shall hear
the parties and  upon  being  satisfied  that  the  lienor  has  failed,
neglected  or  refused  to  comply with the requirements of this section
shall have an appropriate order directing such compliance. In  case  the
lienor fails to comply with the order so made within the time specified,
then upon five days' notice to the lienor, served in the manner provided
by  law for the personal service of a summons, the court or a justice or
judge thereof may make an order cancelling the lien.
  S 16. Section 39 of the lien law, as added by chapter 859 of the  laws
of 1930, is amended to read as follows:
  S  39.  Lien wilfully exaggerated is void. In any action or proceeding
to enforce a [mechanic's] lien upon a private or public  improvement  or
in  which  the validity of the lien is an issue, if the court shall find
that a lienor has wilfully exaggerated the amount for which he claims  a
lien  as  stated in his notice of lien, his lien shall be declared to be
void and no recovery shall be had thereon. No such lienor shall  have  a
right  to file any other or further lien for the same claim. A second or
subsequent lien filed in contravention of this section  may  be  vacated
upon application to the court on two days' notice.
  S  17.  Section  40  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 40. Construction of article. This article  is  to  be  construed  in
connection  with  article  two of this chapter, and provides proceedings
for the enforcement of EMPLOYEE'S LIENS ON REAL  PROPERTY,  AS  WELL  AS
liens  for labor performed and materials furnished in the improvement of
real property, created by virtue of such article.
  S 18. Section 41 of the lien law, as amended by  chapter  807  of  the
laws of 1952, is amended to read as follows:
  S 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
mechanic's  lien  OR  EMPLOYEE'S  LIEN  on real property may be enforced
against such property, and against a person liable  for  the  debt  upon
which  the lien is founded, by an action, by the lienor, his assignee or
legal representative, in the supreme court or in a county  court  other-
wise having jurisdiction, regardless of the amount of such debt, or in a
court  which  has  jurisdiction in an action founded on a contract for a
sum of money equivalent to the amount of such debt.
  S 19. Section 43 of the lien law, as amended by  section  310  of  the
laws of 1962, is amended to read as follows:
  S  43.  Action  in  a  court  of record; consolidation of actions. The
provisions of the real property actions and proceedings law relating  to
actions  for  the  foreclosure of a mortgage upon real property, and the
sale and the distribution of the proceeds thereof apply to actions in  a
court  of  record,  to  enforce mechanics' liens AND EMPLOYEES' LIENS on
real property, except as otherwise provided in this article. If  actions

S. 2232--D                         13

are  brought  by  different  lienors  in a court of record, the court in
which the first action was brought, may, upon its own  motion,  or  upon
the  application of any party in any of such actions, consolidate all of
such actions.
  S  20.  Section  46  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 46. Action in a court not of record.  If  an  action  to  enforce  a
mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
court  not of record, it shall be commenced by the personal service upon
the owner of a summons and complaint verified in the same  manner  as  a
complaint  in  an  action  in  a court of record. The complaint must set
forth substantially the facts contained in the notice of lien,  and  the
substance  of  the  agreement under which the labor was performed or the
materials were furnished, OR IF THE LIEN IS BASED UPON A WAGE  CLAIM  AS
DEFINED  IN  SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH WAGE CLAIM.
The form and contents of the summons shall be the same  as  provided  by
law for the commencement of an action upon a contract in such court. The
summons  must  be  returnable  not less than twelve nor more than twenty
days after the date of the summons, or if service is  made  by  publica-
tion,  after  the  day  of the last publication of the summons.  Service
must be made at least eight days before the return day.
  S 21. Section 50 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  50.  Execution. Execution may be issued upon a judgment obtained in
an action to enforce a mechanic's lien OR  AN  EMPLOYEE'S  LIEN  against
real  property  in a court not of record, which shall direct the officer
to sell the title and interest of the owner in the premises, upon  which
the  lien  set  forth in the complaint existed at the time of filing the
notice of lien.
  S 22. Section 53 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  53.  Costs  and disbursements. If an action is brought to enforce a
mechanic's lien OR AN EMPLOYEE'S LIEN against real property in  a  court
of  record,  the costs and disbursements shall rest in the discretion of
the court, and may be awarded to  the  prevailing  party.  The  judgment
rendered  in  such  an action shall include the amount of such costs and
specify to whom and by whom the costs are to be paid. If such action  is
brought  in  a court not of record, they shall be the same as allowed in
civil actions in such  court.  The  expenses  incurred  in  serving  the
summons  by  publication may be added to the amount of costs now allowed
in such court.
  S 23. Section 59 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
deposit,  by  order  of  court. 1. A mechanic's lien notice of which has
been filed on real property or a bond given to discharge the same may be
vacated and cancelled or a deposit made to discharge a lien pursuant  to
section twenty may be returned, by an order of a court of record. Before
such  order  shall be granted, a notice shall be served upon the lienor,
either personally or by leaving it as his last known place of residence,
with a person of suitable age, with directions  to  deliver  it  to  the
lienor.  Such  notice  shall require the lienor to commence an action to
enforce the lien, within a time specified in the notice, not  less  than
thirty days from the time of service, or show cause at a special term of
a  court of record, or at a county court, in a county in which the prop-
erty is situated, at a time and place specified therein, why the  notice

S. 2232--D                         14

of  lien filed or the bond given should not be vacated and cancelled, or
the deposit returned, as the case may be. Proof of such service and that
the lienor has not commenced the  action  to  foreclose  such  lien,  as
directed  in  the  notice,  shall  be  made by affidavit, at the time of
applying for such order.
  2. AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL  PROPERTY
OR  A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR A
DEPOSIT MADE TO DISCHARGE A LIEN PURSUANT  TO  SECTION  TWENTY  OF  THIS
CHAPTER  MAY BE RETURNED, BY AN ORDER OF A COURT OF RECORD.  BEFORE SUCH
ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER
PERSONALLY OR BY LEAVING IT AT HIS LAST  KNOWN  PLACE  OF  RESIDENCE  OR
ATTORNEY'S  PLACE  OF  BUSINESS,  WITH  A  PERSON  OF SUITABLE AGE, WITH
DIRECTIONS TO DELIVER IT TO THE LIENOR. SUCH NOTICE  SHALL  REQUIRE  THE
LIENOR  TO  COMMENCE  AN  ACTION  TO ENFORCE THE LIEN, OR TO COMMENCE AN
ACTION TO OBTAIN JUDGMENT ON THE WAGE CLAIM  UPON  WHICH  THE  LIEN  WAS
ESTABLISHED, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY
DAYS  FROM  THE  TIME  OF  SERVICE, OR SHOW CAUSE AT A SPECIAL TERM OF A
COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
IS SITUATED, AT A TIME AND PLACE SPECIFIED THEREIN, WHY  THE  NOTICE  OF
LIEN FILED OR THE BOND GIVEN SHOULD NOT BE VACATED AND CANCELLED, OR THE
DEPOSIT RETURNED, AS THE CASE MAY BE. PROOF OF SUCH SERVICE AND THAT THE
LIENOR  HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN ACTION
TO OBTAIN JUDGMENT ON THE WAGE CLAIM UPON  WHICH  THE  LIEN  WAS  ESTAB-
LISHED,  AS  DIRECTED  IN THE NOTICE, SHALL BE MADE BY AFFIDAVIT, AT THE
TIME OF APPLYING FOR SUCH ORDER.
  S 24. Section 62 of the lien law, as amended by  chapter  697  of  the
laws of 1934, is amended to read as follows:
  S 62. Bringing in new parties. A lienor who has filed a notice of lien
after the commencement of an action in a court of record to foreclose or
enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
a  public  improvement,  may  at  any  time  up to and including the day
preceding the day on which the trial of such action is  commenced,  make
application upon notice to the plaintiff or his attorney in such action,
to  be made a party therein. Upon good cause shown, the court must order
such lienor to be brought in by amendment. If the application is made by
any other party in said action to make such lienor  or  other  person  a
party,  the  court  may  in  its  discretion direct such lienor or other
person to be brought in by like amendment. The order to  be  entered  on
such  application  shall  provide the time for and manner of serving the
pleading of such additional lienor or other person and shall direct that
the pleadings, papers and proceedings of the other  several  parties  in
such action, shall be deemed amended, so as not to require the making or
serving  of  papers  other than said order to effectuate such amendment,
and shall further provide that the allegations in  the  answer  of  such
additional lienor or other person shall, for the purposes of the action,
be  deemed  denied  by the other parties therein. The action shall be so
conducted by the court as not to cause substantially any  delay  in  the
trial  thereof.    The  bringing  in  of such additional lienor or other
person shall be without prejudice to the proceedings  had,  and  if  the
action  be  on the calendar of the court, same shall retain its place on
such calendar without the necessity of serving a new note of  issue  and
new notices of trial.
  S  25.  Subdivision 3 of section 199-a of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  3. Each employee and his or her  authorized  representative  shall  be
notified  in  writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI-

S. 2232--D                         15

GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
of any award and collection of back wages and civil  penalties,  and  of
any intent to seek criminal penalties. In the event that criminal penal-
ties  are  sought  the employee and his or her authorized representative
shall be notified of the outcome of prosecution.
  S 26. Subdivision 2 of section 663 of the labor  law,  as  amended  by
chapter 564 of the laws of 2010, is amended to read as follows:
  2.  By commissioner. On behalf of any employee paid less than the wage
to which the employee is entitled under the provisions of this  article,
the  commissioner may bring any legal action necessary, including admin-
istrative action, to collect such  claim,  and  the  employer  shall  be
required  to  pay  the  full amount of the underpayment, plus costs, and
unless the employer proves a good faith basis to believe that its under-
payment was in compliance with the law, an additional amount  as  liqui-
dated damages. Liquidated damages shall be calculated by the commission-
er  as  no  more  than  one  hundred  percent  of  the  total  amount of
underpayments found to be due the employee. In any action brought by the
commissioner in a court of competent  jurisdiction,  liquidated  damages
shall  be calculated as an amount equal to one hundred percent of under-
payments found to be due the employee.  EACH  EMPLOYEE  OR  HIS  OR  HER
AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
ANY  LEGAL  ACTION  BROUGHT  ON  THE  EMPLOYEE'S BEHALF PURSUANT TO THIS
SECTION.
  S 27. Subdivision 5 of section 6201 of  the  civil  practice  law  and
rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered
by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
is added to read as follows:
  5.  the  cause  of action is based on a judgment, decree or order of a
court of the United States or of any other court which  is  entitled  to
full  faith  and  credit in this state, or on a judgment which qualifies
for recognition under the provisions of article 53[.] OF  THIS  CHAPTER;
OR
  6.  THE  CAUSE  OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO  ANY  CLAIMS  OF
UNPAID,  MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID  COMMISSIONS,  UNPAID
BENEFITS  AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
TO 18 U.S.C. S 1595, 29 U.S.C. S 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND  PENALTIES  AUTHORIZED
PURSUANT  TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
MENT CONTRACT.
  S 28. Section 6210 of the civil practice law and rules,  as  added  by
chapter 860 of the laws of 1977, is amended to read as follows:
  S  6210.  Order  of attachment on notice; temporary restraining order;
contents. Upon a motion on notice for an order of attachment, the  court
may,  without  notice  to  the  defendant, grant a temporary restraining
order prohibiting the transfer of assets by a garnishee as  provided  in
subdivision  (b)  of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO
SUBDIVISION SIX OF SECTION  6201,  AND  IF  THE  EMPLOYER  CONTESTS  THE
MOTION,  THE  COURT  SHALL  HOLD  A  HEARING WITHIN TEN DAYS OF WHEN THE
EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR  ATTACHMENT  IS  DUE.  The
contents  of  the  order  of attachment granted pursuant to this section
shall be as provided in subdivision (a) of section 6211.

S. 2232--D                         16

  S 29. Subdivision (b) of section 6211 of the civil  practice  law  and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
  (b)  Confirmation  of  order.  Except  where an order of attachment is
granted on the ground specified in subdivision one  OR  SIX  of  section
6201,  an  order of attachment granted without notice shall provide that
within a period not to exceed five days after levy, the plaintiff  shall
move,  on  such  notice  as the court shall direct to the defendant, the
garnishee, if any, and the sheriff, for an order confirming the order of
attachment. Where an order of attachment without notice  is  granted  on
the  ground  specified  in  subdivision  one OR SIX of section 6201, the
court shall direct that the statement required by section 6219 be served
within five days, that a copy thereof be served upon the plaintiff,  and
the  plaintiff  shall  move  within  ten  days  after  levy for an order
confirming the order of attachment. If the plaintiff  upon  such  motion
shall show that the statement has not been served and that the plaintiff
will  be unable to satisfy the requirement of subdivision (b) of section
6223 until the statement has been served, the court may grant one exten-
sion of the time to move for confirmation for a period not to exceed ten
days. If plaintiff fails to make such motion within the required period,
the order of attachment and any levy thereunder shall  have  no  further
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions  of  subdivision (b) of section 6223 shall apply. An order of
attachment granted without notice may provide that the  sheriff  refrain
from  taking  any  property levied upon into his actual custody, pending
further order of the court.
  S 30. Subdivisions (b) and (e) of rule 6212 of the civil practice  law
and  rules, subdivision (b) as separately amended by chapters 15 and 860
of the laws of 1977 and subdivision (e) as added by chapter 860  of  the
laws of 1977, are amended to read as follows:
  (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON  THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a motion
for an order of attachment, the plaintiff shall give an undertaking,  in
a  total  amount  fixed  by  the  court,  but not less than five hundred
dollars, a specified part thereof conditioned that the  plaintiff  shall
pay  to the defendant all costs and damages, including reasonable attor-
ney's fees, which may be sustained by reason of the  attachment  if  the
defendant  recovers judgment or if it is finally decided that the plain-
tiff was not entitled to an attachment of the defendant's property,  and
the  balance conditioned that the plaintiff shall pay to the sheriff all
of his allowable fees.
  2. ON A MOTION FOR  AN  ATTACHMENT  PURSUANT  TO  SUBDIVISION  SIX  OF
SECTION  6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE, MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the  plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
  (e)  Damages.  [The]  EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT ON
THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201,  THE  plaintiff
shall  be  liable  to the defendant for all costs and damages, including
reasonable attorney's fees, which may be  sustained  by  reason  of  the
attachment  if  the  defendant  recovers  judgment,  or if it is finally
decided that the plaintiff was not entitled  to  an  attachment  of  the
defendant's  property. Plaintiff's liability shall not be limited by the
amount of the undertaking.

S. 2232--D                         17

  S 31. Section 6223 of the civil practice law and rules, as amended  by
chapter 860 of the laws of 1977, is amended to read as follows:
  S  6223.  Vacating  or  modifying  attachment. (a) Motion to vacate or
modify.  Prior to the application of property or debt to  the  satisfac-
tion of a judgment, the defendant, the garnishee or any person having an
interest  in  the property or debt may move, on notice to each party and
the sheriff, for an order vacating or modifying the order of attachment.
Upon the motion, the court may give the plaintiff a reasonable  opportu-
nity  to  correct  any defect. [If] EXCEPT AS PROVIDED UNDER SUBDIVISION
(B), IF, after the defendant has  appeared  in  the  action,  the  court
determines  that  the  attachment  is unnecessary to the security of the
plaintiff, it shall vacate the order of attachment.  Such a motion shall
not of itself constitute an appearance in the action.
  (b) Burden of proof. [Upon] EXCEPT WHERE AN  ORDER  OF  ATTACHMENT  IS
GRANTED  PURSUANT  TO  SUBDIVISION SIX OF SECTION 6201, UPON a motion to
vacate or modify an order of attachment the  plaintiff  shall  have  the
burden  of  establishing  the  grounds  for the attachment, the need for
continuing the levy and the probability that  he  will  succeed  on  the
merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
PURSUANT  TO  SUBDIVISION  SIX OF SECTION 6201, THE DEFENDANT SHALL HAVE
THE BURDEN TO DEMONSTRATE THAT THE  ATTACHMENT  IS  UNNECESSARY  TO  THE
SECURITY  OF  THE PLAINTIFF, IN ORDER TO VACATE OR MODIFY THE ATTACHMENT
ORDER.
  S 32. Paragraph (b) of section 624 of the business corporation law, as
amended by chapter 449 of the laws  of  1997,  is  amended  to  read  as
follows:
  (b) Any person who shall have been a shareholder of record of a corpo-
ration,  OR  WHO  IS  OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE,
upon at least five days' written demand shall have the right to  examine
in  person  or  by  agent  or attorney, during usual business hours, its
minutes of the proceedings of its shareholders and record of  sharehold-
ers and to make extracts therefrom for any purpose reasonably related to
such  person's  interest as a shareholder, LABORER, SERVANT OR EMPLOYEE.
Holders of voting trust certificates representing shares of  the  corpo-
ration  shall  be  regarded  as  shareholders  for  the  purpose of this
section.  Any such agent or attorney shall be authorized  in  a  writing
that  satisfies  the  requirements  of  a writing under paragraph (b) of
section 609 OF  THIS  ARTICLE  (Proxies).  A  corporation  requested  to
provide information pursuant to this paragraph shall make available such
information in written form and in any other format in which such infor-
mation  is  maintained  by  the corporation and shall not be required to
provide such information in any other format. If a request made pursuant
to this paragraph includes a request to  furnish  information  regarding
beneficial owners, the corporation shall make available such information
in  its  possession  regarding  beneficial  owners as is provided to the
corporation by a registered broker or dealer or a bank,  association  or
other  entity  that  exercises  fiduciary  powers in connection with the
forwarding of information to such owners. The corporation shall  not  be
required  to  obtain  information  about  beneficial  owners  not in its
possession.
  S 33. Section 630 of the business corporation law,  paragraph  (a)  as
amended  by chapter 421 of the laws of 2015, paragraph (c) as amended by
chapter 746 of the laws of 1963, is amended to read as follows:
S 630. Liability of shareholders for wages due to laborers, servants  or
         employees.

S. 2232--D                         18

  (a) The  ten  largest shareholders, as determined by the fair value of
their beneficial interest as of the beginning of the period during which
the unpaid services referred to in this section are performed, of  every
domestic  corporation  (other  than  an investment company registered as
such  under  an  act  of  congress  entitled  "Investment Company Act of
1940"), or of any foreign corporation, when  the  unpaid  services  were
performed  in  the  state,  no  shares of which are listed on a national
securities exchange or regularly quoted in an over-the-counter market by
one or more members of a national or an  affiliated  securities  associ-
ation,  shall  jointly and severally be personally liable for all debts,
wages or salaries due and owing to any  of  its  laborers,  servants  or
employees  other  than  contractors,  for services performed by them for
such corporation. [Before such laborer, servant or employee shall charge
such shareholder for such services, he shall give notice in  writing  to
such  shareholder that he intends to hold him liable under this section.
Such notice shall be given within one  hundred  and  eighty  days  after
termination  of  such  services, except that if, within such period, the
laborer, servant or employee demands an examination  of  the  record  of
shareholders  under  paragraph  (b)  of  section 624 (Books and records;
right of inspection, prima facie evidence) of this article, such  notice
may  be  given within sixty days after he has been given the opportunity
to examine the record of shareholders. An action to enforce such liabil-
ity shall be commenced  within  ninety  days  after  the  return  of  an
execution  unsatisfied against the corporation upon a judgment recovered
against it for such services.]
  (b) For the purposes of this section, wages or salaries shall mean all
compensation and benefits payable by an employer to or for  the  account
of  the employee for personal services rendered by such employee INCLUD-
ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST,  ATTORNEY'S
FEES  OR COSTS.   These shall specifically include but not be limited to
salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
contributions  to or payments of insurance or welfare benefits; employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
  (c) A shareholder who has paid more than his pro rata share under this
section shall be entitled to contribution pro rata from the other share-
holders liable under this section with respect to the  excess  so  paid,
over and above his pro rata share, and may sue them jointly or severally
or  any number of them to recover the amount due from them.  Such recov-
ery may be had in a separate action. As used  in  this  paragraph,  "pro
rata"  means in proportion to beneficial share interest. Before a share-
holder may claim contribution from other shareholders under  this  para-
graph, he shall[, unless they have been given notice by a laborer, serv-
ant  or  employee under paragraph (a),] give them notice in writing that
he intends to hold them so liable to him. Such notice shall be given  by
him  within twenty days after the date that [notice was given to him by]
HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
LIABLE under paragraph (a).
  S 34. Subdivision (c) of section 609 of the limited liability  company
law,  as added by chapter 537 of the laws of 2014, is amended to read as
follows:
  (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
section, the ten members with the largest percentage ownership interest,
as determined as of the beginning of the period during which the  unpaid
services  referred  to  in  this section are performed, of every limited
liability company, shall jointly and severally be personally liable  for

S. 2232--D                         19

all debts, wages or salaries due and owing to any of its laborers, serv-
ants  or  employees,  for  services  performed  by them for such limited
liability company. [Before  such  laborer,  servant  or  employee  shall
charge  such  member  for  such services, he or she shall give notice in
writing to such member that he or she intends to hold such member liable
under this section. Such notice shall be given within one hundred eighty
days after termination of such  services.  An  action  to  enforce  such
liability  shall  be commenced within ninety days after the return of an
execution unsatisfied against the limited liability company upon a judg-
ment recovered against it for such services.] A member who has paid more
than his or her pro rata share under this section shall be  entitled  to
contribution  pro  rata from the other members liable under this section
with respect to the excess so paid, over and above his or her  pro  rata
share,  and  may  sue them jointly or severally or any number of them to
recover the amount due from them. Such recovery may be had in a separate
action. As used in this subdivision, "pro rata" means in  proportion  to
percentage  ownership  interest.  Before a member may claim contribution
from other members under this section, he or she shall give them  notice
in writing that he or she intends to hold them so liable to him or her.
  S  35. Section 1102 of the limited liability company law is amended by
adding a new subdivision (e) to read as follows:
  (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE OF A LIMITED LIABILITY COMPANY, UPON  AT  LEAST  FIVE  DAYS'  WRITTEN
DEMAND  SHALL  HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR-
NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO  OF
SUBDIVISION  (A)  OF  THIS  SECTION THROUGHOUT THE PERIOD OF TIME DURING
WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT  TO  THIS  PARA-
GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER
FORMAT  IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL
NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.    UPON
REFUSAL  BY  THE  COMPANY  OR  BY  AN OFFICER OR AGENT OF THE COMPANY TO
PERMIT AN INSPECTION OF THE RECORDS DESCRIBED  IN  THIS  PARAGRAPH,  THE
PERSON  MAKING  THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT
IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF  THE  COMPANY  IS  LOCATED,
UPON  SUCH  NOTICE  AS  THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE
COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER  SHOULD  NOT
BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
ILY,  BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS
QUALIFIED AND ENTITLED TO SUCH INSPECTION,  THE  COURT  SHALL  GRANT  AN
ORDER  COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS TO
THE COURT MAY SEEM JUST AND PROPER. IF THE  APPLICANT  IS  FOUND  TO  BE
QUALIFIED  AND  ENTITLED  TO  SUCH INSPECTION, THE COMPANY SHALL PAY ALL
REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT  RELATED  TO  THE
DEMAND FOR INSPECTION OF THE RECORDS.
  S  36.  This act shall take effect on the thirtieth day after it shall
have become a law. The procedures and rights created in this act may  be
used  by  employees,  laborers or servants in connection with claims for
liabilities that arose prior to the effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2232--E

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sens.  PERALTA, ADDABBO, AVELLA, PERKINS, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Judiciary -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the lien law, in relation to employee  liens;  to  amend
  the  labor law, in relation to employee complaints; to amend the civil
  practice law and rules, in relation  to  grounds  for  attachment;  to
  amend the business corporation law, in relation to streamlining proce-
  dures  where  employees  may  hold shareholders of non-publicly traded
  corporations personally liable for wage theft; and to amend the limit-
  ed liability company law, in relation to creating a right for  victims
  of  wage  theft  to  hold  the  ten members with the largest ownership
  interests in a company personally liable for wage theft

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2 of the lien law is amended by adding three new
subdivisions 21, 22 and 23 to read as follows:
  21. EMPLOYEE. THE TERM "EMPLOYEE", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE THE SAME MEANING AS "EMPLOYEE" PURSUANT TO ARTICLES ONE, SIX, NINE-
TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. S 201 ET. SEQ., AS APPLICABLE.
  22. EMPLOYER. THE TERM "EMPLOYER", WHEN USED IN  THIS  CHAPTER,  SHALL
HAVE THE SAME MEANING AS "EMPLOYER" PURSUANT TO ARTICLES ONE, SIX, NINE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00429-07-6
              

S. 2232--E                          2

TEEN  AND  NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE FAIR LABOR
STANDARDS ACT, 29 U.S.C. S 201 ET. SEQ., AS APPLICABLE.
  23.  WAGE  CLAIM.  THE  TERM  "WAGE CLAIM", WHEN USED IN THIS CHAPTER,
MEANS A CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTIONS  ONE
HUNDRED  SEVENTY,  ONE HUNDRED NINETY-ONE, ONE HUNDRED NINETY-THREE, ONE
HUNDRED NINETY-SIX-D, SIX HUNDRED FIFTY-TWO OR SIX HUNDRED SEVENTY-THREE
OF THE LABOR LAW OR THE RELATED REGULATIONS AND WAGE ORDERS  PROMULGATED
BY THE COMMISSIONER, A CLAIM FOR WAGES DUE TO AN EMPLOYEE PURSUANT TO AN
EMPLOYMENT CONTRACT THAT WERE UNPAID IN VIOLATION OF THAT CONTRACT, OR A
CLAIM  THAT  AN  EMPLOYEE HAS SUFFERED A VIOLATION OF 29 U.S.C. S 206 OR
207.
  S 2. Section 3 of the lien law, as amended by chapter 137 of the  laws
of 1985, is amended to read as follows:
  S  3.  Mechanic's  lien  AND  EMPLOYEE'S  LIEN  on [real] property. 1.
MECHANIC'S LIEN.  A  contractor,  subcontractor,  laborer,  materialman,
landscape gardener, nurseryman or person or corporation selling fruit or
ornamental trees, roses, shrubbery, vines and small fruits, who performs
labor  or  furnishes materials for the improvement of real property with
the consent or at the request of the owner thereof,  or  of  his  agent,
contractor  or  subcontractor,  and any trust fund to which benefits and
wage supplements are due or payable for the benefit  of  such  laborers,
shall  have  a lien for the principal and interest, of the value, or the
agreed price, of such labor, including benefits and wage supplements due
or payable for the benefit of any laborer, or materials  upon  the  real
property  improved or to be improved and upon such improvement, from the
time of filing a notice of such lien  as  prescribed  in  this  chapter.
Where the contract for an improvement is made with a husband or wife and
the property belongs to the other or both, the husband or wife contract-
ing  shall  also  be  presumed to be the agent of the other, unless such
other having knowledge of the improvement shall, within ten  days  after
learning  of  the  contract give the contractor written notice of his or
her refusal to consent to the improvement. Within  the  meaning  of  the
provisions  of this chapter, materials actually manufactured for but not
delivered to the real property, shall also be  deemed  to  be  materials
furnished.
  2.  EMPLOYEE'S  LIEN. AN EMPLOYEE WHO HAS A WAGE CLAIM AS THAT TERM IS
DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION TWO OF THIS CHAPTER SHALL
HAVE A LIEN ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY FOR THE  VALUE
OF  THE  WAGE  CLAIM ARISING OUT OF THE EMPLOYMENT, INCLUDING LIQUIDATED
DAMAGES  PURSUANT  TO  SUBDIVISION  ONE-A   OF   SECTION   ONE   HUNDRED
NINETY-EIGHT,  SECTION  SIX  HUNDRED  SIXTY-THREE OR SECTION SIX HUNDRED
EIGHTY-ONE OF THE LABOR LAW, OR 29 U.S.C. S 216 (B), FROM  THE  TIME  OF
FILING  A  NOTICE OF SUCH LIEN AS PRESCRIBED IN THIS CHAPTER. AN EMPLOY-
EE'S LIEN BASED ON A WAGE CLAIM MAY BE HAD AGAINST THE EMPLOYER'S INTER-
EST IN REAL PROPERTY AND AGAINST THE  EMPLOYER'S  INTEREST  IN  PERSONAL
PROPERTY  THAT  CAN  BE  SUFFICIENTLY  DESCRIBED  WITHIN  THE MEANING OF
SECTION 9-108 OF THE UNIFORM COMMERCIAL CODE, EXCEPT THAT AN  EMPLOYEE'S
LIEN  SHALL  NOT  EXTEND TO DEPOSIT ACCOUNTS OR GOODS AS THOSE TERMS ARE
DEFINED IN SECTION 9-102 OF THE UNIFORM COMMERCIAL CODE.  THE DEPARTMENT
OF LABOR AND THE ATTORNEY GENERAL MAY OBTAIN AN EMPLOYEE'S LIEN FOR  THE
VALUE  OF  WAGE  CLAIMS  OF  THE  EMPLOYEES WHO ARE THE SUBJECT OF THEIR
INVESTIGATIONS, COURT ACTIONS OR ADMINISTRATIVE AGENCY ACTIONS.
  3. AS USED IN THIS ARTICLE AND  UNLESS  OTHERWISE  SPECIFIED,  A  LIEN
SHALL MEAN AN EMPLOYEE'S LIEN OR A MECHANIC'S LIEN.

S. 2232--E                          3

  S  3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1
as amended by chapter 515 of the laws of 1929 and subdivision 2 as added
by chapter 704 of the laws of 1985, are amended to read as follows:
  (1) [Such] A MECHANIC'S OR EMPLOYEE'S lien AND EMPLOYEE'S LIEN AGAINST
REAL  PROPERTY  shall  extend to the owner's right, title or interest in
the real property and improvements, existing at the time of  filing  the
notice  of  lien,  or thereafter acquired, except as hereinafter in this
article provided. If an owner assigns his interest in such real property
by a general assignment for the benefit of creditors, within thirty days
prior to such filing,  the  lien  shall  extend  to  the  interest  thus
assigned.  If  any  part  of the real property subjected to such lien be
removed by the owner or by any other person,  at  any  time  before  the
discharge  thereof,  such  removal  shall  not  affect the rights of the
lienor, either in respect to the remaining real property, or the part so
removed. If labor  is  performed  for,  or  materials  furnished  to,  a
contractor  or  subcontractor  for  an  improvement, the MECHANIC'S lien
shall not be for a sum greater than the sum earned  and  unpaid  on  the
contract  at  the  time of filing the notice of lien, and any sum subse-
quently earned thereon. In no case shall the owner be liable to  pay  by
reason  of  all  MECHANIC'S liens created pursuant to this article a sum
greater than the value or  agreed  price  of  the  labor  and  materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
  (2)  [Such]  A  MECHANIC'S  OR EMPLOYEE'S lien shall not extend to the
owner's right, title or interest  in  real  property  and  improvements,
existing  at  the  time of filing the notice of lien if such lien arises
from the failure of a lessee of the right to explore, develop or produce
natural gas or oil, to pay for, compensate or render value for  improve-
ments  made  with  the  consent  or  at  the request of such lessee by a
contractor, subcontractor, materialman,  equipment  operator  or  owner,
landscaper,  nurseryman,  or person or corporation who performs labor or
furnishes materials for the exploration, development, or  production  of
oil  or  natural  gas  or  otherwise improves such leased property. Such
MECHANIC'S OR EMPLOYEE'S lien shall extend to the improvements made  for
the  exploration, development and production of oil and natural gas, and
the working interest held by a lessee of the right to  explore,  develop
or produce oil and natural gas.
  S  4. The opening paragraph of section 4-a of the lien law, as amended
by chapter 696 of the laws of 1959, is amended to read as follows:
  The proceeds of any insurance which by the terms  of  the  policy  are
payable to the owner of real property improved, and actually received or
to  be  received by him because of the destruction or removal by fire or
other casualty of an improvement on which lienors have  performed  labor
or services or for which they have furnished materials, OR UPON WHICH AN
EMPLOYEE  HAS  ESTABLISHED AN EMPLOYEE'S LIEN, shall after the owner has
been reimbursed therefrom for premiums paid by him,  if  any,  for  such
insurance,  be  subject to liens provided by this act to the same extent
and in the same order of priority as the real property would  have  been
had such improvement not been so destroyed or removed.
  S  5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended
by chapter 515 of the laws of 1929, are amended to read as follows:
  1. The name OF THE LIENOR, and EITHER THE residence of the  lienor  OR
THE  NAME  AND BUSINESS ADDRESS OF THE LIENOR'S ATTORNEY, IF ANY; and if
the lienor is a partnership or a corporation, the  business  address  of
such  firm, or corporation, the names of partners and principal place of

S. 2232--E                          4

business, and if a foreign corporation, its principal place of  business
within the state.
  2. The name of the owner of the [real] property against whose interest
therein a lien is claimed, and the interest of the owner as far as known
to the lienor.
  5. The amount unpaid to the lienor for such labor or materials, OR THE
AMOUNT  OF THE WAGE CLAIM IF A WAGE CLAIM IS THE BASIS FOR ESTABLISHMENT
OF THE LIEN.
  S 6. Subdivision 1 of section 10 of the lien law, as amended by  chap-
ter 367 of the laws of 2011, is amended to read as follows:
  1.  (A)  Notice of MECHANIC'S lien may be filed at any time during the
progress of the work and the furnishing of  the  materials,  or,  within
eight months after the completion of the contract, or the final perform-
ance  of the work, or the final furnishing of the materials, dating from
the last item of work performed or materials furnished; provided, howev-
er, that where the improvement is related to real property  improved  or
to  be  improved with a single family dwelling, the notice of MECHANIC'S
lien may be filed at any time during the progress of the  work  and  the
furnishing of the materials, or, within four months after the completion
of  the  contract,  or  the  final performance of the work, or the final
furnishing of the materials, dating from the last item of work performed
or materials furnished; and provided further where the notice of MECHAN-
IC'S lien is for retainage, the notice of MECHANIC'S lien may  be  filed
within  ninety days after the date the retainage was due to be released;
except that in the case of a MECHANIC'S lien by a  real  estate  broker,
the notice of MECHANIC'S lien may be filed only after the performance of
the  brokerage services and execution of lease by both lessor and lessee
and only if a copy of the alleged written  agreement  of  employment  or
compensation  is  annexed to the notice of lien, provided that where the
payment pursuant to the written agreement of employment or  compensation
is to be made in installments, then a notice of lien may be filed within
eight  months after the final payment is due, but in no event later than
a date five years after the first payment was made. For purposes of this
section, the term "single family dwelling" shall not include a  dwelling
unit which is a part of a subdivision that has been filed with a munici-
pality  in which the subdivision is located when at the time the lien is
filed, such property in the subdivision is owned by  the  developer  for
purposes  other  than  his  personal  residence.  For  purposes  of this
section, "developer" shall mean  and  include  any  private  individual,
partnership,  trust or corporation which improves two or more parcels of
real property with single family dwellings pursuant to a  common  scheme
or plan. [The]
  (B)  NOTICE OF EMPLOYEE'S LIEN MAY BE FILED AT ANY TIME NOT LATER THAN
SIX YEARS FOLLOWING THE END OF THE EMPLOYMENT GIVING RISE  TO  THE  WAGE
CLAIM.
  (C) A notice of lien, OTHER THAN FOR A LIEN ON PERSONAL PROPERTY, must
be filed in the clerk's office of the county where the property is situ-
ated.  If  such property is situated in two or more counties, the notice
of lien shall be filed in the office of the clerk of each of such  coun-
ties.  The  county clerk of each county shall provide and keep a book to
be called the "lien docket," which shall be suitably  ruled  in  columns
headed  "owners,"  "lienors," "lienor's attorney," "property," "amount,"
"time of filing," "proceedings had," in each of which he shall enter the
particulars of the notice, properly belonging therein.  The  date,  hour
and  minute of the filing of each notice of lien shall be entered in the
proper column. Except where the county clerk maintains  a  block  index,

S. 2232--E                          5

the  names  of the owners shall be arranged in such book in alphabetical
order. The validity of the lien and the right to file a  notice  thereof
shall  not  be  affected  by the death of the owner before notice of the
lien is filed.  A NOTICE OF EMPLOYEE'S LIEN ON PERSONAL PROPERTY MUST BE
FILED,  TOGETHER WITH A FINANCING STATEMENT, IN THE FILING OFFICE AS SET
FORTH IN SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE.
  S 7. Section 11 of the lien law, as amended by chapter 147 of the laws
of 1996, is amended to read as follows:
  S 11. Service of copy of notice of lien.  1. Within five  days  before
or  thirty days after filing the notice of A MECHANIC'S lien, the lienor
shall serve a copy of such notice upon the owner, if a  natural  person,
(a)  by delivering the same to him personally, or if the owner cannot be
found, to his agent or attorney, or (b) by leaving it at his last  known
place  of  residence  in  the city or town in which the real property or
some part thereof is  situated,  with  a  person  of  suitable  age  and
discretion, or (c) by registered or certified mail addressed to his last
known  place of residence, or (d) if such owner has no such residence in
such city or town, or cannot be found, and he has no agent or  attorney,
by  affixing  a copy thereof conspicuously on such property, between the
hours of nine o'clock in the forenoon and four o'clock in the afternoon;
if the owner be a corporation, said service shall be made (i) by  deliv-
ering  such copy to and leaving the same with the president, vice-presi-
dent, secretary or clerk to the corporation, the cashier, treasurer or a
director or managing agent thereof, personally,  within  the  state,  or
(ii) if such officer cannot be found within the state by affixing a copy
thereof conspicuously on such property between the hours of nine o'clock
in  the  forenoon  and four o'clock in the afternoon, or (iii) by regis-
tered or certified mail addressed to its last known place  of  business.
Failure  to  file  proof  of such a service with the county clerk within
thirty-five days after the notice of lien is filed shall  terminate  the
notice  as  a  lien. Until service of the notice has been made, as above
provided, an owner, without knowledge of the lien, shall be protected in
any payment made in good faith to any contractor or other person  claim-
ing a lien.
  2.  WITHIN  FIVE DAYS BEFORE OR THIRTY DAYS AFTER FILING THE NOTICE OF
AN EMPLOYEE'S LIEN, THE LIENOR SHALL SERVE A COPY OF  SUCH  NOTICE  UPON
THE  EMPLOYER,  IF  A  NATURAL PERSON, (A) BY DELIVERING THE SAME TO HIM
PERSONALLY, OR IF THE EMPLOYER CANNOT BE FOUND, TO HIS AGENT  OR  ATTOR-
NEY,  OR (B) BY LEAVING IT AS HIS LAST KNOWN PLACE OF RESIDENCE OR BUSI-
NESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR (C) BY REGISTERED
OR CERTIFIED MAIL ADDRESSED TO HIS LAST  KNOWN  PLACE  OF  RESIDENCE  OR
BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROPERTY, BY AFFIXING A COPY
THEREOF  CONSPICUOUSLY  ON  SUCH  PROPERTY,  BETWEEN  THE  HOURS OF NINE
O'CLOCK IN THE FORENOON AND FOUR O'CLOCK IN THE  AFTERNOON.  THE  LIENOR
ALSO  SHALL,  WITHIN  THIRTY  DAYS AFTER FILING THE NOTICE OF EMPLOYEE'S
LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROPERTY IDENTIFIED
IN THE NOTICE OF EMPLOYEE'S LIEN, BETWEEN THE HOURS OF NINE  O'CLOCK  IN
THE  FORENOON  AND  FOUR  O'CLOCK IN THE AFTERNOON. IF THE EMPLOYER BE A
CORPORATION, SAID SERVICE SHALL BE MADE (I) BY DELIVERING SUCH  COPY  TO
AND  LEAVING  THE  SAME WITH THE PRESIDENT, VICE-PRESIDENT, SECRETARY OR
CLERK TO THE CORPORATION, THE CASHIER, TREASURER OR A DIRECTOR OR MANAG-
ING AGENT THEREOF, PERSONALLY, WITHIN THE STATE, OR (II) IF SUCH OFFICER
CANNOT BE FOUND WITHIN THE STATE BY AFFIXING A COPY THEREOF CONSPICUOUS-
LY ON SUCH PROPERTY BETWEEN THE HOURS OF NINE O'CLOCK  IN  THE  FORENOON
AND  FOUR  O'CLOCK IN THE AFTERNOON, OR (III) BY REGISTERED OR CERTIFIED
MAIL ADDRESSED TO ITS LAST KNOWN PLACE OF BUSINESS, OR (IV) BY  DELIVERY

S. 2232--E                          6

TO  THE  SECRETARY  OF  THE  DEPARTMENT  OF  STATE IN THE SAME MANNER AS
REQUIRED BY SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION  THREE  HUNDRED
SIX  OF  THE  BUSINESS CORPORATION LAW.  FAILURE TO FILE PROOF OF SUCH A
SERVICE  WITH  THE COUNTY CLERK WITHIN THIRTY-FIVE DAYS AFTER THE NOTICE
OF LIEN IS FILED SHALL TERMINATE THE NOTICE AS A LIEN. UNTIL SERVICE  OF
THE NOTICE HAS BEEN MADE, AS ABOVE PROVIDED, AN OWNER, WITHOUT KNOWLEDGE
OF THE LIEN, SHALL BE PROTECTED IN ANY PAYMENT MADE IN GOOD FAITH TO ANY
OTHER PERSON CLAIMING A LIEN.
  S  8.  Section  11-b of the lien law, as amended by chapter 147 of the
laws of 1996, is amended to read as follows:
  S 11-b. Copy of notice of MECHANIC'S lien to a contractor  or  subcon-
tractor.    Within five days before or thirty days after filing a notice
of MECHANIC'S lien in accordance with section ten of this chapter or the
filing of an amendment of notice of MECHANIC'S lien in  accordance  with
section twelve-a of this [chapter] ARTICLE the lienor shall serve a copy
of such notice or amendment by certified mail on the contractor, subcon-
tractor, assignee or legal representative for whom he was employed or to
whom  he furnished materials or if the lienor is a contractor or subcon-
tractor to the person, firm or corporation with whom  the  contract  was
made.  A  lienor having a direct contractual relationship with a subcon-
tractor or a sub-subcontractor but not  with  a  contractor  shall  also
serve  a  copy  of  such  notice  or  amendment by certified mail to the
contractor. Failure to file proof of such  a  service  with  the  county
clerk  within  thirty-five  days after the notice of lien is filed shall
terminate the notice as a lien. Any lienor, or a person acting on behalf
of a lienor, who fails to serve a copy of the notice of MECHANIC'S  lien
as  required  by  this section shall be liable for reasonable attorney's
fees, costs and expenses,  as  determined  by  the  court,  incurred  in
obtaining such copy.
  S  9.  Subdivision  1  of  section 12-a of the lien law, as amended by
chapter 1048 of the laws of 1971, is amended to read as follows:
  1. Within sixty days after the original filing, a lienor may amend his
lien upon twenty days notice to existing  lienors,  mortgagees  and  the
owner,  provided  that  no action or proceeding to enforce or cancel the
mechanics' lien OR EMPLOYEE'S LIEN has  been  brought  in  the  interim,
where  the purpose of the amendment is to reduce the amount of the lien,
except the question of wilful exaggeration shall survive such amendment.
  S 10. Subdivision 1 of section 13 of the lien law, as amended by chap-
ter 878 of the laws of 1947, is amended to read as follows:
  (1) [A] AN EMPLOYEE'S LIEN, OR A lien for materials furnished or labor
performed in the improvement of real property, shall have priority  over
a  conveyance,  mortgage,  judgment or other claim against such property
not recorded, docketed or filed at the time of the filing of the  notice
of  such  lien,  except  as  hereinafter  in this chapter provided; over
advances made upon any mortgage or other encumbrance thereon after  such
filing,  except  as  hereinafter  in this article provided; and over the
claim of a creditor who has not furnished materials or  performed  labor
upon such property, if such property has been assigned by the owner by a
general  assignment  for  the  benefit  of creditors, within thirty days
before the filing of either of such notices; and also over an attachment
hereafter issued or a money judgment hereafter recovered upon  a  claim,
which,  in  whole  or  in  part,  was not for materials furnished, labor
performed or moneys advanced for the improvement of such real  property;
and  over  any claim or lien acquired in any proceedings upon such judg-
ment. Such liens shall also have priority  over  advances  made  upon  a
contract  by an owner for an improvement of real property which contains

S. 2232--E                          7

an option to the contractor, his successor or assigns  to  purchase  the
property, if such advances were made after the time when the labor began
or  the first item of material was furnished, as stated in the notice of
lien. If several buildings are demolished, erected, altered or repaired,
or  several  pieces  or parcels of real property are improved, under one
contract, and there are conflicting liens  thereon,  each  lienor  shall
have  priority upon the particular part of the real property or upon the
particular building or premises where his  labor  is  performed  or  his
materials  are  used.  Persons  shall have no priority on account of the
time of filing their respective notices of liens, but all liens shall be
on a parity except as hereinafter in section fifty-six of  this  chapter
provided;  and  except  that  in  all cases laborers for daily or weekly
wages WITH A MECHANIC'S LIEN, AND EMPLOYEES  WITH  AN  EMPLOYEE'S  LIEN,
shall have preference over all other claimants under this article.
  S  11.  Section  17  of the lien law, as amended by chapter 324 of the
laws of 2000, is amended to read as follows:
  S 17. Duration of lien. 1. (A) No MECHANIC'S lien  specified  in  this
article  shall  be  a  lien  for a longer period than one year after the
notice of lien has been filed, unless within  that  time  an  action  is
commenced  to  foreclose  the lien, and a notice of the pendency of such
action, whether in a court of record or in a court  not  of  record,  is
filed with the county clerk of the county in which the notice of lien is
filed,  containing the names of the parties to the action, the object of
the action, a brief description of the real property  affected  thereby,
and  the  time  of  filing the notice of lien; or unless an extension to
such lien, except for a lien on real property improved or to be improved
with a single family dwelling, is filed with the  county  clerk  of  the
county  in  which  the  notice of lien is filed within one year from the
filing of the original notice of lien, continuing  such  lien  and  such
lien  shall  be redocketed as of the date of filing such extension. Such
extension shall contain the names of the lienor and  the  owner  of  the
real  property  against  whose  interest therein such lien is claimed, a
brief description of the real property affected by such lien, the amount
of such lien, and the date of filing the notice of lien. No  lien  shall
be  continued  by  such extension for more than one year from the filing
thereof. In the event an action is not commenced to foreclose  the  lien
within  such  extended period, such lien shall be extinguished unless an
order be granted by a court of record or a  judge  or  justice  thereof,
continuing  such  lien, and such lien shall be redocketed as of the date
of granting such order and a statement made that such lien is  continued
by  virtue  of  such  order.  A  lien on real property improved or to be
improved with a single family dwelling may only be extended by an  order
of  a  court  of record, or a judge or justice thereof. No lien shall be
continued by court order for more than one year from the granting there-
of, but a new order and entry may be made  in  each  of  two  successive
years.  If  a  lienor  is made a party defendant in an action to enforce
another lien, and the plaintiff or such defendant has filed a notice  of
the  pendency  of the action within the time prescribed in this section,
the lien of such defendant is thereby continued. Such  action  shall  be
deemed an action to enforce the lien of such defendant lienor. The fail-
ure to file a notice of pendency of action shall not abate the action as
to any person liable for the payment of the debt specified in the notice
of  lien,  and  the  action  may  be prosecuted to judgment against such
person. The provisions of this section in  regard  to  continuing  liens
shall  apply to liens discharged by deposit or by order on the filing of

S. 2232--E                          8

an undertaking. Where a lien is discharged by deposit  or  by  order,  a
notice of pendency of action shall not be filed.
  (B) A lien, the duration of which has been extended by the filing of a
notice  of  the pendency of an action as above provided, shall neverthe-
less terminate as a lien after such notice has been canceled as provided
in section sixty-five hundred fourteen of the  civil  practice  law  and
rules  or  has ceased to be effective as constructive notice as provided
in section sixty-five hundred thirteen of the  civil  practice  law  and
rules.
  2. (A) NO EMPLOYEE'S LIEN ON REAL PROPERTY SHALL BE A LIEN FOR A LONG-
ER  PERIOD THAN ONE YEAR AFTER THE NOTICE OF LIEN HAS BEEN FILED, UNLESS
AN EXTENSION TO SUCH LIEN IS FILED WITH THE COUNTY CLERK OF  THE  COUNTY
IN  WHICH THE NOTICE OF LIEN IS FILED WITHIN ONE YEAR FROM THE FILING OF
THE ORIGINAL NOTICE OF LIEN, CONTINUING SUCH LIEN AND SUCH LIEN SHALL BE
REDOCKETED AS OF THE DATE OF FILING SUCH EXTENSION. SUCH EXTENSION SHALL
CONTAIN THE NAMES OF THE LIENOR AND  THE  OWNER  OF  THE  REAL  PROPERTY
AGAINST WHOSE INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF DESCRIPTION
OF  THE PROPERTY AFFECTED BY SUCH LIEN, THE AMOUNT OF SUCH LIEN, AND THE
DATE OF FILING THE NOTICE OF LIEN.  NO LIEN SHALL BE CONTINUED  BY  SUCH
EXTENSION  FOR  MORE THAN ONE YEAR FROM THE FILING THEREOF. IN THE EVENT
AN ACTION IS NOT COMMENCED TO OBTAIN JUDGMENT ON THE WAGE  CLAIM  OR  TO
FORECLOSE  THE  LIEN  WITHIN  SUCH  EXTENDED  PERIOD, SUCH LIEN SHALL BE
EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR A  JUDGE
OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE REDOCK-
ETED  AS  OF  THE  DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
  (B) NO EMPLOYEE'S LIEN ON PERSONAL PROPERTY SHALL  BE  A  LIEN  FOR  A
LONGER  PERIOD  THAN  ONE  YEAR  AFTER  THE FINANCING STATEMENT HAS BEEN
RECORDED, UNLESS AN EXTENSION TO SUCH LIEN, IS  FILED  WITH  THE  FILING
OFFICE IN WHICH THE FINANCING STATEMENT IS REQUIRED TO BE FILED PURSUANT
TO SECTION 9-501 OF THE UNIFORM COMMERCIAL CODE WITHIN ONE YEAR FROM THE
FILING  OF  THE ORIGINAL FINANCING STATEMENT, CONTINUING SUCH LIEN. SUCH
EXTENSION SHALL CONTAIN THE NAMES OF THE LIENOR AND  THE  OWNER  OF  THE
PROPERTY  AGAINST  WHOSE  INTEREST THEREIN SUCH LIEN IS CLAIMED, A BRIEF
DESCRIPTION OF THE PRIOR FINANCING STATEMENT TO  BE  EXTENDED,  AND  THE
DATE  OF FILING THE PRIOR FINANCING STATEMENT.  NO LIEN SHALL BE CONTIN-
UED BY SUCH EXTENSION FOR MORE THAN ONE YEAR FROM THE FILING THEREOF. IN
THE EVENT AN ACTION IS NOT COMMENCED TO  OBTAIN  JUDGMENT  ON  THE  WAGE
CLAIM  OR  TO  FORECLOSE THE LIEN WITHIN SUCH EXTENDED PERIOD, SUCH LIEN
SHALL BE EXTINGUISHED UNLESS AN ORDER BE GRANTED BY A COURT OF RECORD OR
A JUDGE OR JUSTICE THEREOF, CONTINUING SUCH LIEN, AND SUCH LIEN SHALL BE
REFILED AS OF THE DATE OF GRANTING SUCH ORDER AND A STATEMENT MADE  THAT
SUCH LIEN IS CONTINUED BY VIRTUE OF SUCH ORDER.
  (C)  IF  A  LIENOR  IS  MADE A PARTY DEFENDANT IN AN ACTION TO ENFORCE
ANOTHER LIEN, AND THE PLAINTIFF OR SUCH DEFENDANT HAS FILED A NOTICE  OF
THE  PENDENCY  OF THE ACTION WITHIN THE TIME PRESCRIBED IN THIS SECTION,
THE LIEN OF SUCH DEFENDANT IS THEREBY CONTINUED. SUCH  ACTION  SHALL  BE
DEEMED AN ACTION TO ENFORCE THE LIEN OF SUCH DEFENDANT LIENOR. THE FAIL-
URE TO FILE A NOTICE OF PENDENCY OF ACTION SHALL NOT ABATE THE ACTION AS
TO ANY PERSON LIABLE FOR THE PAYMENT OF THE DEBT SPECIFIED IN THE NOTICE
OF  LIEN,  AND  THE  ACTION  MAY  BE PROSECUTED TO JUDGMENT AGAINST SUCH
PERSON.  THE PROVISIONS OF THIS SECTION IN REGARD  TO  CONTINUING  LIENS
SHALL  APPLY TO LIENS DISCHARGED BY DEPOSIT OR BY ORDER ON THE FILING OF
AN UNDERTAKING. WHERE A LIEN IS DISCHARGED BY DEPOSIT  OR  BY  ORDER,  A
NOTICE OF PENDENCY OF ACTION SHALL NOT BE FILED.

S. 2232--E                          9

  (D) NOTWITHSTANDING THE FOREGOING, IF A LIENOR COMMENCES A FORECLOSURE
ACTION  OR  AN  ACTION TO OBTAIN A JUDGMENT ON THE WAGE CLAIM WITHIN ONE
YEAR FROM THE FILING OF THE NOTICE OF  LIEN  ON  REAL  PROPERTY  OR  THE
RECORDING OF THE FINANCING STATEMENT CREATING LIEN ON PERSONAL PROPERTY,
THE LIEN SHALL BE EXTENDED DURING THE PENDENCY OF THE ACTION AND FOR ONE
HUNDRED  TWENTY  DAYS  FOLLOWING  THE  ENTRY  OF  FINAL JUDGMENT IN SUCH
ACTION, UNLESS THE ACTION RESULTS IN A FINAL JUDGMENT OR  ADMINISTRATIVE
ORDER  IN THE LIENOR'S FAVOR ON THE WAGE CLAIMS AND THE LIENOR COMMENCES
A FORECLOSURE ACTION, IN WHICH INSTANCE THE LIEN SHALL BE  VALID  DURING
THE PENDENCY OF THE FORECLOSURE ACTION. IF A LIEN IS EXTENDED DUE TO THE
PENDENCY  OF  A  FORECLOSURE ACTION OR AN ACTION TO OBTAIN A JUDGMENT ON
THE WAGE CLAIM, THE LIENOR SHALL FILE A  NOTICE  OF  SUCH  PENDENCY  AND
EXTENSION  WITH  THE  COUNTY  CLERK OF THE COUNTY IN WHICH THE NOTICE OF
LIEN IS FILED, CONTAINING THE NAMES OF THE PARTIES TO  THE  ACTION,  THE
OBJECT  OF  THE  ACTION,  A  BRIEF  DESCRIPTION OF THE PROPERTY AFFECTED
THEREBY, AND THE TIME OF FILING THE NOTICE OF LIEN, OR IN THE CASE OF  A
LIEN ON PERSONAL PROPERTY SHALL FILE SUCH NOTICE WITH THE OFFICE AUTHOR-
IZED  TO  ACCEPT  FINANCING  STATEMENTS PURSUANT TO SECTION 9-501 OF THE
UNIFORM COMMERCIAL CODE. FOR PURPOSES OF  THIS  SECTION,  AN  ACTION  TO
OBTAIN  JUDGMENT ON A WAGE CLAIM INCLUDES AN ACTION BROUGHT IN ANY COURT
OF COMPETENT JURISDICTION, THE SUBMISSION OF A COMPLAINT TO THE  DEPART-
MENT OF LABOR OR THE SUBMISSION OF A CLAIM TO ARBITRATION PURSUANT TO AN
ARBITRATION  AGREEMENT. AN ACTION ALSO INCLUDES AN INVESTIGATION OF WAGE
CLAIMS BY THE COMMISSIONER OF LABOR OR THE ATTORNEY GENERAL OF THE STATE
OF NEW YORK, REGARDLESS OF WHETHER SUCH INVESTIGATION WAS INITIATED BY A
COMPLAINT.
  (E) A LIEN, THE DURATION OF WHICH HAS BEEN EXTENDED BY THE FILING OF A
NOTICE OF THE PENDENCY OF AN ACTION AS ABOVE PROVIDED,  SHALL  NEVERTHE-
LESS TERMINATE AS A LIEN AFTER SUCH NOTICE HAS BEEN CANCELED AS PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  FOURTEEN OF THE CIVIL PRACTICE LAW AND
RULES OR HAS CEASED TO BE EFFECTIVE AS CONSTRUCTIVE NOTICE  AS  PROVIDED
IN  SECTION  SIXTY-FIVE  HUNDRED  THIRTEEN OF THE CIVIL PRACTICE LAW AND
RULES.
  S 12. Subdivisions 2 and 4 of section 19 of the lien law,  subdivision
2  as  amended  by chapter 310 of the laws of 1962, and subdivision 4 as
added by chapter 582 of the laws of 2002, paragraph (a) of subdivision 4
as further amended by section 104 of part A of chapter 62 of the laws of
2011, are amended to read as follows:
  (2) By failure to begin an action to foreclose such lien or to  secure
an  order  continuing  it,  within  one year from the time of filing the
notice of lien, unless (I) an action be begun within the same period  to
foreclose  a  mortgage or another mechanic's lien upon the same property
or any part thereof and a notice of pendency of  such  action  is  filed
according to law, OR (II) AN ACTION IS COMMENCED TO OBTAIN A JUDGMENT ON
A  WAGE  CLAIM  PURSUANT TO SUBDIVISION TWO OF SECTION SEVENTEEN OF THIS
ARTICLE, but a lien, the duration of which  has  been  extended  by  the
filing  of  a  notice  of  the pendency of an action as herein provided,
shall nevertheless terminate as  a  lien  after  such  notice  has  been
cancelled or has ceased to be effective as constructive notice.
  (4) Either before or after the beginning of an action by the EMPLOYER,
owner  or  contractor executing a bond or undertaking in an amount equal
to one hundred ten percent of such lien conditioned for the  payment  of
any  judgment which may be rendered against the property OR EMPLOYER for
the enforcement of the lien:
  a. The execution of any such bond or undertaking by  any  fidelity  or
surety  company  authorized  by the laws of this state to transact busi-

S. 2232--E                         10

ness, shall be sufficient; and where a certificate of qualification  has
been  issued  by  the  superintendent  of  financial  services under the
provisions of section one thousand one hundred eleven of  the  insurance
law,  and has not been revoked, no justification or notice thereof shall
be necessary. Any such company may execute any such bond or  undertaking
as  surety  by  the  hand  of its officers, or attorney, duly authorized
thereto by resolution of its board of directors,  a  certified  copy  of
which  resolution,  under  the seal of said company, shall be filed with
each bond or undertaking. Any such bond or undertaking  shall  be  filed
with the clerk of the county in which the notice of lien is filed, and a
copy  shall  be served upon the adverse party. The undertaking is effec-
tive when so served and filed. If a certificate of qualification  issued
pursuant  to  subsections  (b),  (c) and (d) of section one thousand one
hundred eleven of the insurance law is not filed with the undertaking, a
party may except, to the sufficiency of a surety and by a written notice
of exception served  upon  the  adverse  party  within  ten  days  after
receipt,  a  copy  of the undertaking. Exceptions deemed by the court to
have been taken unnecessarily, or  for  vexation  or  delay,  may,  upon
notice,  be  set  aside,  with  costs. Where no exception to sureties is
taken within ten days or where  exceptions  taken  are  set  aside,  the
undertaking shall be allowed.
  b. In the case of bonds or undertakings not executed pursuant to para-
graph  a  of  this  subdivision, the EMPLOYER, owner or contractor shall
execute an undertaking with two or more sufficient sureties,  who  shall
be free holders, to the clerk of the county where the premises are situ-
ated.  The  sureties  must  together  justify in at least double the sum
named in the undertaking. A copy of the undertaking,  with  notice  that
the sureties will justify before the court, or a judge or justice there-
of,  at  the  time  and place therein mentioned, must be served upon the
lienor or his attorney, not less than five days before such  time.  Upon
the  approval of the undertaking by the court, judge or justice an order
shall be made by such court, judge or justice discharging such lien.
  c. If the lienor cannot be found, or  does  not  appear  by  attorney,
service  under  this  subsection  may  be made by leaving a copy of such
undertaking and notice at the lienor's  place  of  residence,  or  if  a
corporation at its principal place of business within the state as stat-
ed  in  the notice of lien, with a person of suitable age and discretion
therein, or if the house of his abode or its place of  business  is  not
stated  in  said notice of lien and is not known, then in such manner as
the court may direct. The premises, if any, described in the  notice  of
lien  as  the lienor's residence or place of business shall be deemed to
be his said residence or its place of business for the purposes of  said
service  at  the time thereof, unless it is shown affirmatively that the
person servicing the papers or directing the service  had  knowledge  to
the  contrary.  Notwithstanding the other provisions of this subdivision
relating to service of notice, in any case where the mailing address  of
the  lienor  is outside the state such service may be made by registered
or certified mail, return receipt requested, to such lienor at the mail-
ing address contained in the notice of lien.
  d. Except as otherwise provided in this subdivision, the provisions of
article twenty-five of the  civil  practice  law  and  rules  regulating
undertakings  is  applicable  to  a  bond  or  undertaking given for the
discharge of a lien on account of private improvements OR OF AN  EMPLOY-
EE'S LIEN.
  S  13.  Section  24  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:

S. 2232--E                         11

  S 24.  Enforcement  of  [mechanic's]  lien.  (1)  REAL  PROPERTY.  The
[mechanics']  liens  ON  REAL  PROPERTY specified in this article may be
enforced against the property specified in the notice of lien and  which
is subject thereto and against any person liable for the debt upon which
the lien is founded, as prescribed in article three of this chapter.
  (2)  PERSONAL PROPERTY. AN EMPLOYEE'S LIEN ON PERSONAL PROPERTY SPECI-
FIED IN THIS ARTICLE MAY IMMEDIATELY BE ENFORCED  AGAINST  THE  PROPERTY
THROUGH  A  FORECLOSURE  AS  PRESCRIBED  IN  ARTICLE NINE OF THE UNIFORM
COMMERCIAL CODE, OR UPON JUDGMENT OBTAINED BY THE EMPLOYEE, COMMISSIONER
OF LABOR OR ATTORNEY GENERAL OF THE STATE OF NEW YORK, MAY  BE  ENFORCED
IN  ANY  MANNER  AVAILABLE  TO THE JUDGMENT CREDITOR PURSUANT TO ARTICLE
NINE OF THE UNIFORM COMMERCIAL CODE OR OTHER APPLICABLE LAWS.
  S 14. Section 26 of the lien law, as amended by  chapter  373  of  the
laws of 1977, is amended to read as follows:
  S  26.  Subordination  of liens after agreement with owner. In case an
owner of real property shall execute to one or more persons, or a corpo-
ration, as trustee or trustees, a bond and mortgage or a note and  mort-
gage  affecting  such  property in whole or in part, or an assignment of
the moneys due or to become due under a contract for a building loan  in
relation  to  such property, and in case such mortgage, if any, shall be
recorded in the office of the register of the  county  where  such  real
property  is  situated,  or  if  such county has no register then in the
office of the clerk of such county, and in case such assignment, if any,
shall be filed in the office of the clerk of the county where such  real
property  is  situated;  and  in  case lienors having [mechanics'] liens
against said real property, notices of which have been filed up  to  and
not  later than fifteen days after the recording of such mortgage or the
filing of such assignment, and which liens have not been  discharged  as
in  this  article  provided, shall, to the extent of at least fifty-five
per centum of the aggregate amount for which such notices of liens  have
been so filed, approve such bond and mortgage or such note and mortgage,
if  any, and such assignment, if any, by an instrument or instruments in
writing, duly acknowledged and filed in the office of such county clerk,
then all mechanics' liens for  labor  performed  or  material  furnished
prior  to  the  recording of such mortgage or filing of such assignment,
whether notices thereof have been theretofore or  are  thereafter  filed
and which have not been discharged as in this article provided, shall be
subordinate  to  the  lien of such trust bond and mortgage or such trust
note and mortgage to the extent of the aggregate amount of  all  certif-
icates  of interest therein issued by such trustee or trustees, or their
successors, for moneys loaned, materials furnished, labor performed  and
any  other  indebtedness  incurred  after said trust mortgage shall have
been recorded, and for expenses in connection with said trust  mortgage,
and  shall  also  be subordinate to the lien of the bond and mortgage or
note and mortgage, given to secure the  amount  agreed  to  be  advanced
under  such  contract  for  a  building loan to the extent of the amount
which shall be advanced by the holder of such bond and mortgage or  such
note and mortgage to the trustee or trustees, or their successors, under
such assignment. The provisions of this section shall apply to all bonds
and mortgages and notes and mortgages and all assignments of moneys due,
or  to  become due under building loan contracts executed by such owner,
in like manner, and recorded or filed, from time to time as hereinbefore
provided. In case of an assignment to trustees under the  provisions  of
this  section,  the trustees and their successors shall be the agents of
the assignor to receive and receipt for any and all sums advanced by the
holder of the building loan bond and mortgage or the building loan  note

S. 2232--E                         12

and  mortgage  under  the building loan contract and such assignment. No
lienor shall have any priority over the bond and mortgage  or  note  and
mortgage  given to secure the money agreed to be advanced under a build-
ing loan contract or over the advances made thereunder, by reason of any
act preceding the making and approval of such assignment.
  S  15.  Section  38  of the lien law, as amended by chapter 859 of the
laws of 1930, is amended to read as follows:
  S 38. Itemized statement may be required of lienor. A lienor  who  has
filed  a  notice of MECHANIC'S lien shall, on demand in writing, deliver
to the owner or contractor making such demand  a  statement  in  writing
which  shall  set forth the items of labor and/or material and the value
thereof which make up the amount for which he claims a lien,  and  which
shall  also  set  forth the terms of the contract under which such items
were furnished.  A LIENOR WHO HAS FILED A NOTICE OF EMPLOYEE LIEN SHALL,
ON DEMAND IN WRITING, DELIVER TO  THE  EMPLOYER  MAKING  SUCH  DEMAND  A
STATEMENT  IN  WRITING WHICH SHALL SET FORTH THE ITEMS OF THE WAGE CLAIM
AND THE VALUE THEREOF WHICH MAKE UP THE AMOUNT FOR  WHICH  HE  CLAIMS  A
LIEN.  The statement shall be verified by the lienor or his agent in the
form required for the verification of notices in section  nine  of  this
[chapter] ARTICLE. If the lienor shall fail to comply with such a demand
within  five  days  after the same shall have been made by the EMPLOYER,
owner or contractor, or if the lienor delivers  an  insufficient  state-
ment,  the person aggrieved may petition the supreme court of this state
or any justice thereof, or the county court  of  the  county  where  the
premises  are  situated, or the county judge of such county for an order
directing the lienor within a time specified in the order to deliver  to
the  petitioner the statement required by this section. Two days' notice
in writing of such application shall be served  upon  the  lienor.  Such
service  shall  be  made  in the manner provided by law for the personal
service of a summons. The court or a justice or judge thereof shall hear
the parties and  upon  being  satisfied  that  the  lienor  has  failed,
neglected  or  refused  to  comply with the requirements of this section
shall have an appropriate order directing such compliance. In  case  the
lienor fails to comply with the order so made within the time specified,
then upon five days' notice to the lienor, served in the manner provided
by  law for the personal service of a summons, the court or a justice or
judge thereof may make an order cancelling the lien.
  S 16. Section 39 of the lien law, as added by chapter 859 of the  laws
of 1930, is amended to read as follows:
  S  39.  Lien wilfully exaggerated is void. In any action or proceeding
to enforce a [mechanic's] lien upon a private or public  improvement  or
in  which  the validity of the lien is an issue, if the court shall find
that a lienor has wilfully exaggerated the amount for which he claims  a
lien  as  stated in his notice of lien, his lien shall be declared to be
void and no recovery shall be had thereon. No such lienor shall  have  a
right  to file any other or further lien for the same claim. A second or
subsequent lien filed in contravention of this section  may  be  vacated
upon application to the court on two days' notice.
  S  17.  Section  40  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 40. Construction of article. This article  is  to  be  construed  in
connection  with  article  two of this chapter, and provides proceedings
for the enforcement of EMPLOYEE'S LIENS ON REAL  PROPERTY,  AS  WELL  AS
liens  for labor performed and materials furnished in the improvement of
real property, created by virtue of such article.

S. 2232--E                         13

  S 18. Section 41 of the lien law, as amended by  chapter  807  of  the
laws of 1952, is amended to read as follows:
  S 41. Enforcement of mechanic's OR EMPLOYEE'S lien on real property. A
mechanic's  lien  OR  EMPLOYEE'S  LIEN  on real property may be enforced
against such property, and against a person liable  for  the  debt  upon
which  the lien is founded, by an action, by the lienor, his assignee or
legal representative, in the supreme court or in a county  court  other-
wise having jurisdiction, regardless of the amount of such debt, or in a
court  which  has  jurisdiction in an action founded on a contract for a
sum of money equivalent to the amount of such debt.
  S 19. Section 43 of the lien law, as amended by  chapter  310  of  the
laws of 1962, is amended to read as follows:
  S  43.  Action  in  a  court  of record; consolidation of actions. The
provisions of the real property actions and proceedings law relating  to
actions  for  the  foreclosure of a mortgage upon real property, and the
sale and the distribution of the proceeds thereof apply to actions in  a
court  of  record,  to  enforce mechanics' liens AND EMPLOYEES' LIENS on
real property, except as otherwise provided in this article. If  actions
are  brought  by  different  lienors  in a court of record, the court in
which the first action was brought, may, upon its own  motion,  or  upon
the  application of any party in any of such actions, consolidate all of
such actions.
  S 20. Section 46 of the lien law, as amended by  chapter  515  of  the
laws of 1929, is amended to read as follows:
  S  46.  Action  in  a  court  not of record. If an action to enforce a
mechanic's lien OR EMPLOYEE'S LIEN against real property is brought in a
court not of record, it shall be commenced by the personal service  upon
the  owner  of  a summons and complaint verified in the same manner as a
complaint in an action in a court of  record.  The  complaint  must  set
forth  substantially  the facts contained in the notice of lien, and the
substance of the agreement under which the labor was  performed  or  the
materials  were  furnished, OR IF THE LIEN IS BASED UPON A WAGE CLAIM AS
DEFINED IN SECTION TWO OF THIS CHAPTER, THE BASIS FOR SUCH  WAGE  CLAIM.
The  form  and  contents of the summons shall be the same as provided by
law for the commencement of an action upon a contract in such court. The
summons must be returnable not less than twelve  nor  more  than  twenty
days  after  the  date of the summons, or if service is made by publica-
tion, after the day of the last publication of  the  summons.    Service
must be made at least eight days before the return day.
  S  21.  Section  50  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 50. Execution. Execution may be issued upon a judgment  obtained  in
an  action  to  enforce  a mechanic's lien OR AN EMPLOYEE'S LIEN against
real property in a court not of record, which shall direct  the  officer
to  sell the title and interest of the owner in the premises, upon which
the lien set forth in the complaint existed at the time  of  filing  the
notice of lien.
  S  22.  Section  53  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 53. Costs and disbursements. If an action is brought  to  enforce  a
mechanic's  lien  OR AN EMPLOYEE'S LIEN against real property in a court
of record, the costs and disbursements shall rest in the  discretion  of
the  court,  and  may  be  awarded to the prevailing party. The judgment
rendered in such an action shall include the amount of  such  costs  and
specify  to whom and by whom the costs are to be paid. If such action is
brought in a court not of record, they shall be the same as  allowed  in

S. 2232--E                         14

civil  actions  in  such  court.  The  expenses  incurred in serving the
summons by publication may be added to the amount of costs  now  allowed
in such court.
  S  23.  Section  59  of the lien law, as amended by chapter 515 of the
laws of 1929, is amended to read as follows:
  S 59. Vacating of a [mechanic's] lien; cancellation of bond; return of
deposit, by order of court. 1. A mechanic's lien  notice  of  which  has
been filed on real property or a bond given to discharge the same may be
vacated  and cancelled or a deposit made to discharge a lien pursuant to
section twenty may be returned, by an order of a court of record. Before
such order shall be granted, a notice shall be served upon  the  lienor,
either personally or by leaving it as his last known place of residence,
with  a  person  of  suitable  age, with directions to deliver it to the
lienor. Such notice shall require the lienor to commence  an  action  to
enforce  the  lien, within a time specified in the notice, not less than
thirty days from the time of service, or show cause at a special term of
a court of record, or at a county court, in a county in which the  prop-
erty  is situated, at a time and place specified therein, why the notice
of lien filed or the bond given should not be vacated and cancelled,  or
the deposit returned, as the case may be. Proof of such service and that
the  lienor  has  not  commenced  the  action to foreclose such lien, as
directed in the notice, shall be made  by  affidavit,  at  the  time  of
applying for such order.
  2.  AN EMPLOYEE'S LIEN NOTICE OF WHICH HAS BEEN FILED ON REAL PROPERTY
OR A BOND GIVEN TO DISCHARGE THE SAME MAY BE VACATED AND CANCELLED OR  A
DEPOSIT  MADE  TO  DISCHARGE  A  LIEN PURSUANT TO SECTION TWENTY OF THIS
CHAPTER MAY BE RETURNED, BY AN ORDER OF A COURT OF RECORD.  BEFORE  SUCH
ORDER SHALL BE GRANTED, A NOTICE SHALL BE SERVED UPON THE LIENOR, EITHER
PERSONALLY  OR  BY  LEAVING  IT  AT HIS LAST KNOWN PLACE OF RESIDENCE OR
ATTORNEY'S PLACE OF BUSINESS,  WITH  A  PERSON  OF  SUITABLE  AGE,  WITH
DIRECTIONS  TO  DELIVER  IT TO THE LIENOR. SUCH NOTICE SHALL REQUIRE THE
LIENOR TO COMMENCE AN ACTION TO ENFORCE THE  LIEN,  OR  TO  COMMENCE  AN
ACTION  TO  OBTAIN  JUDGMENT  ON  THE WAGE CLAIM UPON WHICH THE LIEN WAS
ESTABLISHED, WITHIN A TIME SPECIFIED IN THE NOTICE, NOT LESS THAN NINETY
DAYS FROM THE TIME OF SERVICE, OR SHOW CAUSE AT  A  SPECIAL  TERM  OF  A
COURT OF RECORD, OR AT A COUNTY COURT, IN A COUNTY IN WHICH THE PROPERTY
IS  SITUATED,  AT  A TIME AND PLACE SPECIFIED THEREIN, WHY THE NOTICE OF
LIEN FILED OR THE BOND GIVEN SHOULD NOT BE VACATED AND CANCELLED, OR THE
DEPOSIT RETURNED, AS THE CASE MAY BE. PROOF OF SUCH SERVICE AND THAT THE
LIENOR HAS NOT COMMENCED THE ACTION TO FORECLOSE SUCH LIEN OR AN  ACTION
TO  OBTAIN  JUDGMENT  ON  THE  WAGE CLAIM UPON WHICH THE LIEN WAS ESTAB-
LISHED, AS DIRECTED IN THE NOTICE, SHALL BE MADE BY  AFFIDAVIT,  AT  THE
TIME OF APPLYING FOR SUCH ORDER.
  S  24.  Section  62  of the lien law, as amended by chapter 697 of the
laws of 1934, is amended to read as follows:
  S 62. Bringing in new parties. A lienor who has filed a notice of lien
after the commencement of an action in a court of record to foreclose or
enforce AN EMPLOYEE'S LIEN OR a mechanic's lien against real property or
a public improvement, may at any  time  up  to  and  including  the  day
preceding  the  day on which the trial of such action is commenced, make
application upon notice to the plaintiff or his attorney in such action,
to be made a party therein. Upon good cause shown, the court must  order
such lienor to be brought in by amendment. If the application is made by
any  other  party  in  said action to make such lienor or other person a
party, the court may in its  discretion  direct  such  lienor  or  other
person  to  be  brought in by like amendment. The order to be entered on

S. 2232--E                         15

such application shall provide the time for and manner  of  serving  the
pleading of such additional lienor or other person and shall direct that
the  pleadings,  papers  and proceedings of the other several parties in
such action, shall be deemed amended, so as not to require the making or
serving  of  papers  other than said order to effectuate such amendment,
and shall further provide that the allegations in  the  answer  of  such
additional lienor or other person shall, for the purposes of the action,
be  deemed  denied  by the other parties therein. The action shall be so
conducted by the court as not to cause substantially any  delay  in  the
trial  thereof.    The  bringing  in  of such additional lienor or other
person shall be without prejudice to the proceedings  had,  and  if  the
action  be  on the calendar of the court, same shall retain its place on
such calendar without the necessity of serving a new note of  issue  and
new notices of trial.
  S  25.  Subdivision 3 of section 199-a of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
  3. Each employee and his or her  authorized  representative  shall  be
notified  in  writing, OF THE TERMINATION OF THE COMMISSIONER'S INVESTI-
GATION OF THE EMPLOYEE'S COMPLAINT AND THE RESULT OF SUCH INVESTIGATION,
of any award and collection of back wages and civil  penalties,  and  of
any intent to seek criminal penalties. In the event that criminal penal-
ties  are  sought  the employee and his or her authorized representative
shall be notified of the outcome of prosecution.
  S 26. Subdivision 2 of section 663 of the labor  law,  as  amended  by
chapter 564 of the laws of 2010, is amended to read as follows:
  2.  By commissioner. On behalf of any employee paid less than the wage
to which the employee is entitled under the provisions of this  article,
the  commissioner may bring any legal action necessary, including admin-
istrative action, to collect such  claim,  and  the  employer  shall  be
required  to  pay  the  full amount of the underpayment, plus costs, and
unless the employer proves a good faith basis to believe that its under-
payment was in compliance with the law, an additional amount  as  liqui-
dated damages. Liquidated damages shall be calculated by the commission-
er  as  no  more  than  one  hundred  percent  of  the  total  amount of
underpayments found to be due the employee. In any action brought by the
commissioner in a court of competent  jurisdiction,  liquidated  damages
shall  be calculated as an amount equal to one hundred percent of under-
payments found to be due the employee.  EACH  EMPLOYEE  OR  HIS  OR  HER
AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IN WRITING OF THE OUTCOME OF
ANY  LEGAL  ACTION  BROUGHT  ON  THE  EMPLOYEE'S BEHALF PURSUANT TO THIS
SECTION.
  S 27. Subdivision 5 of section 6201 of  the  civil  practice  law  and
rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered
by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
is added to read as follows:
  5.  the  cause  of action is based on a judgment, decree or order of a
court of the United States or of any other court which  is  entitled  to
full  faith  and  credit in this state, or on a judgment which qualifies
for recognition under the provisions of article 53[.] OF  THIS  CHAPTER;
OR
  6.  THE  CAUSE  OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO  ANY  CLAIMS  OF
UNPAID,  MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED

S. 2232--E                         16

GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID  COMMISSIONS,  UNPAID
BENEFITS  AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
TO 18 U.S.C. S 1595, 29 U.S.C. S 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
AS  WELL  AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED
PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY  EMPLOY-
MENT CONTRACT.
  S  28.  Section  6210 of the civil practice law and rules, as added by
chapter 860 of the laws of 1977, is amended to read as follows:
  S 6210. Order of attachment on notice;  temporary  restraining  order;
contents.  Upon a motion on notice for an order of attachment, the court
may, without notice to the  defendant,  grant  a  temporary  restraining
order  prohibiting  the transfer of assets by a garnishee as provided in
subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT  PURSUANT  TO
SUBDIVISION  SIX  OF  SECTION  6201,  AND  IF  THE EMPLOYER CONTESTS THE
MOTION, THE COURT SHALL HOLD A HEARING  WITHIN  TEN  DAYS  OF  WHEN  THE
EMPLOYER'S  RESPONSE  TO  PLAINTIFFS'  MOTION FOR ATTACHMENT IS DUE. The
contents of the order of attachment granted  pursuant  to  this  section
shall be as provided in subdivision (a) of section 6211.
  S  29.  Subdivision  (b) of section 6211 of the civil practice law and
rules, as amended by chapter 566 of the laws of 1985, is amended to read
as follows:
  (b) Confirmation of order. Except where  an  order  of  attachment  is
granted  on  the  ground  specified in subdivision one OR SIX of section
6201, an order of attachment granted without notice shall  provide  that
within  a period not to exceed five days after levy, the plaintiff shall
move, on such notice as the court shall direct  to  the  defendant,  the
garnishee, if any, and the sheriff, for an order confirming the order of
attachment.  Where  an  order of attachment without notice is granted on
the ground specified in subdivision one OR  SIX  of  section  6201,  the
court shall direct that the statement required by section 6219 be served
within  five days, that a copy thereof be served upon the plaintiff, and
the plaintiff shall move  within  ten  days  after  levy  for  an  order
confirming  the  order  of attachment. If the plaintiff upon such motion
shall show that the statement has not been served and that the plaintiff
will be unable to satisfy the requirement of subdivision (b) of  section
6223 until the statement has been served, the court may grant one exten-
sion of the time to move for confirmation for a period not to exceed ten
days. If plaintiff fails to make such motion within the required period,
the  order  of  attachment and any levy thereunder shall have no further
effect and shall be vacated upon motion. Upon the motion to confirm, the
provisions of subdivision (b) of section 6223 shall apply. An  order  of
attachment  granted  without notice may provide that the sheriff refrain
from taking any property levied upon into his  actual  custody,  pending
further order of the court.
  S  30. Subdivisions (b) and (e) of rule 6212 of the civil practice law
and rules, subdivision (b) as separately amended by chapters 15 and  860
of  the  laws of 1977 and subdivision (e) as added by chapter 860 of the
laws of 1977, are amended to read as follows:
  (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a  motion
for  an order of attachment, the plaintiff shall give an undertaking, in
a total amount fixed by the  court,  but  not  less  than  five  hundred
dollars,  a  specified part thereof conditioned that the plaintiff shall
pay to the defendant all costs and damages, including reasonable  attor-
ney's  fees,  which  may be sustained by reason of the attachment if the
defendant recovers judgment or if it is finally decided that the  plain-

S. 2232--E                         17

tiff  was not entitled to an attachment of the defendant's property, and
the balance conditioned that the plaintiff shall pay to the sheriff  all
of his allowable fees.
  2.  ON  A  MOTION  FOR  AN  ATTACHMENT  PURSUANT TO SUBDIVISION SIX OF
SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN  ACCESSI-
BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
TIVE,  MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
tiff shall not be liable to the sheriff for such fees. The surety on the
undertaking shall not be discharged except upon notice to the sheriff.
  (e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT  IS  SOUGHT  ON
THE  GROUND  SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
shall be liable to the defendant for all costs  and  damages,  including
reasonable  attorney's  fees,  which  may  be sustained by reason of the
attachment if the defendant recovers  judgment,  or  if  it  is  finally
decided  that  the  plaintiff  was  not entitled to an attachment of the
defendant's property. Plaintiff's liability shall not be limited by  the
amount of the undertaking.
  S  31. Section 6223 of the civil practice law and rules, as amended by
chapter 860 of the laws of 1977, is amended to read as follows:
  S 6223. Vacating or modifying attachment.  (a)  Motion  to  vacate  or
modify.    Prior to the application of property or debt to the satisfac-
tion of a judgment, the defendant, the garnishee or any person having an
interest in the property or debt may move, on notice to each  party  and
the sheriff, for an order vacating or modifying the order of attachment.
Upon  the motion, the court may give the plaintiff a reasonable opportu-
nity to correct any defect. [If] EXCEPT AS  PROVIDED  UNDER  SUBDIVISION
(B),  IF,  after  the  defendant  has  appeared in the action, the court
determines that the attachment is unnecessary to  the  security  of  the
plaintiff, it shall vacate the order of attachment.  Such a motion shall
not of itself constitute an appearance in the action.
  (b)  Burden  of  proof.  [Upon] EXCEPT WHERE AN ORDER OF ATTACHMENT IS
GRANTED PURSUANT TO SUBDIVISION SIX OF SECTION 6201, UPON  a  motion  to
vacate  or  modify  an  order of attachment the plaintiff shall have the
burden of establishing the grounds for  the  attachment,  the  need  for
continuing  the  levy  and  the  probability that he will succeed on the
merits. UPON A MOTION TO VACATE OR MODIFY AN ORDER OF ATTACHMENT GRANTED
PURSUANT TO SUBDIVISION SIX OF SECTION 6201, THE  DEFENDANT  SHALL  HAVE
THE  BURDEN  TO  DEMONSTRATE  THAT  THE ATTACHMENT IS UNNECESSARY TO THE
SECURITY OF THE PLAINTIFF, IN ORDER TO VACATE OR MODIFY  THE  ATTACHMENT
ORDER.
  S 32. Paragraph (b) of section 624 of the business corporation law, as
amended  by  chapter  449  of  the  laws  of 1997, is amended to read as
follows:
  (b) Any person who shall have been a shareholder of record of a corpo-
ration, OR WHO IS OR SHALL HAVE BEEN A  LABORER,  SERVANT  OR  EMPLOYEE,
upon  at least five days' written demand shall have the right to examine
in person or by agent or attorney,  during  usual  business  hours,  its
minutes  of the proceedings of its shareholders and record of sharehold-
ers and to make extracts therefrom for any purpose reasonably related to
such person's interest as a shareholder, LABORER, SERVANT  OR  EMPLOYEE.
Holders  of  voting trust certificates representing shares of the corpo-
ration shall be  regarded  as  shareholders  for  the  purpose  of  this
section.    Any  such agent or attorney shall be authorized in a writing
that satisfies the requirements of a  writing  under  paragraph  (b)  of
section  609  (Proxies).  A corporation requested to provide information
pursuant to this paragraph shall  make  available  such  information  in

S. 2232--E                         18

written  form and in any other format in which such information is main-
tained by the corporation and shall not  be  required  to  provide  such
information  in  any  other  format.  If a request made pursuant to this
paragraph includes a request to furnish information regarding beneficial
owners,  the  corporation  shall  make available such information in its
possession regarding beneficial owners as is provided to the corporation
by a registered broker or dealer or a bank, association or other  entity
that  exercises  fiduciary  powers  in connection with the forwarding of
information to such owners. The corporation shall  not  be  required  to
obtain information about beneficial owners not in its possession.
  S  33.  Section  630 of the business corporation law, paragraph (a) as
amended by chapter 5 of the laws of 2016, paragraph (c)  as  amended  by
chapter 746 of the laws of 1963, is amended to read as follows:
S 630. Liability  of shareholders for wages due to laborers, servants or
         employees.
  (a) The ten largest shareholders, as determined by the fair  value  of
their beneficial interest as of the beginning of the period during which
the  unpaid services referred to in this section are performed, of every
domestic corporation or of any  foreign  corporation,  when  the  unpaid
services were performed in the state, no shares of which are listed on a
national  securities exchange or regularly quoted in an over-the-counter
market by one or more members of a national or an affiliated  securities
association,  shall  jointly  and severally be personally liable for all
debts, wages or salaries due and owing to any of its laborers,  servants
or  employees other than contractors, for services performed by them for
such corporation. [Before such laborer, servant or employee shall charge
such shareholder for such services, he shall give notice in  writing  to
such  shareholder that he intends to hold him liable under this section.
Such notice shall be given within one  hundred  and  eighty  days  after
termination  of  such  services, except that if, within such period, the
laborer, servant or employee demands an examination  of  the  record  of
shareholders  under  paragraph  (b)  of  section 624 (Books and records;
right of inspection, prima facie evidence) of this article, such  notice
may  be  given within sixty days after he has been given the opportunity
to examine the record of shareholders. An action to enforce such liabil-
ity shall be commenced  within  ninety  days  after  the  return  of  an
execution  unsatisfied against the corporation upon a judgment recovered
against it for such services.] The provisions of  this  paragraph  shall
not  apply  to  an investment company registered as such under an act of
congress entitled "Investment Company Act of 1940."
  (b) For the purposes of this section, wages or salaries shall mean all
compensation and benefits payable by an employer to or for  the  account
of  the employee for personal services rendered by such employee INCLUD-
ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST,  ATTORNEY'S
FEES  OR COSTS.   These shall specifically include but not be limited to
salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
contributions  to or payments of insurance or welfare benefits; employer
contributions to pension or annuity funds; and any other moneys properly
due or payable for services rendered by such employee.
  (c) A shareholder who has paid more than his pro rata share under this
section shall be entitled to contribution pro rata from the other share-
holders liable under this section with respect to the  excess  so  paid,
over and above his pro rata share, and may sue them jointly or severally
or  any number of them to recover the amount due from them.  Such recov-
ery may be had in a separate action. As used  in  this  paragraph,  "pro
rata"  means in proportion to beneficial share interest. Before a share-

S. 2232--E                         19

holder may claim contribution from other shareholders under  this  para-
graph, he shall[, unless they have been given notice by a laborer, serv-
ant  or  employee under paragraph (a),] give them notice in writing that
he  intends to hold them so liable to him. Such notice shall be given by
him within twenty days after the date that [notice was given to him  by]
HE BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM
LIABLE under paragraph (a).
  S  34. Subdivision (c) of section 609 of the limited liability company
law, as added by chapter 537 of the laws of 2014, is amended to read  as
follows:
  (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
section, the ten members with the largest percentage ownership interest,
as  determined as of the beginning of the period during which the unpaid
services referred to in this section are  performed,  of  every  limited
liability  company, shall jointly and severally be personally liable for
all debts, wages or salaries due and owing to any of its laborers, serv-
ants or employees, for services  performed  by  them  for  such  limited
liability  company.  [Before  such  laborer,  servant  or employee shall
charge such member for such services, he or she  shall  give  notice  in
writing to such member that he or she intends to hold such member liable
under this section. Such notice shall be given within one hundred eighty
days  after  termination  of  such  services.  An action to enforce such
liability shall be commenced within ninety days after the return  of  an
execution unsatisfied against the limited liability company upon a judg-
ment recovered against it for such services.] A member who has paid more
than  his  or her pro rata share under this section shall be entitled to
contribution pro rata from the other members liable under  this  section
with  respect  to the excess so paid, over and above his or her pro rata
share, and may sue them jointly or severally or any number  of  them  to
recover the amount due from them. Such recovery may be had in a separate
action.  As  used in this subdivision, "pro rata" means in proportion to
percentage ownership interest. Before a member  may  claim  contribution
from  other members under this section, he or she shall give them notice
in writing that he or she intends to hold them so liable to him or her.
  S 35. Section 1102 of the limited liability company law is amended  by
adding a new subdivision (e) to read as follows:
  (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
EE  OF  A  LIMITED  LIABILITY  COMPANY, UPON AT LEAST FIVE DAYS' WRITTEN
DEMAND SHALL HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT  OR  ATTOR-
NEY,  DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO OF
SUBDIVISION (A) OF THIS SECTION THROUGHOUT THE  PERIOD  OF  TIME  DURING
WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
NY.  A  COMPANY  REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS PARA-
GRAPH SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY OTHER
FORMAT IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND  SHALL
NOT  BE  REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.  UPON
REFUSAL BY THE COMPANY OR BY AN OFFICER  OR  AGENT  OF  THE  COMPANY  TO
PERMIT  AN  INSPECTION  OF  THE RECORDS DESCRIBED IN THIS PARAGRAPH, THE
PERSON MAKING THE DEMAND FOR INSPECTION MAY APPLY TO THE  SUPREME  COURT
IN  THE  JUDICIAL  DISTRICT  WHERE THE OFFICE OF THE COMPANY IS LOCATED,
UPON SUCH NOTICE AS THE COURT MAY DIRECT, FOR  AN  ORDER  DIRECTING  THE
COMPANY,  ITS  MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER SHOULD NOT
BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
ILY, BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT  IS
QUALIFIED  AND  ENTITLED  TO  SUCH  INSPECTION, THE COURT SHALL GRANT AN

S. 2232--E                         20

ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS  TO
THE  COURT  MAY  SEEM  JUST  AND PROPER. IF THE APPLICANT IS FOUND TO BE
QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE  COMPANY  SHALL  PAY  ALL
REASONABLE  ATTORNEY'S  FEES  AND COSTS OF SAID APPLICANT RELATED TO THE
DEMAND FOR INSPECTION OF THE RECORDS.
  S 36. This act shall take effect on the thirtieth day after  it  shall
have  become a law. The procedures and rights created in this act may be
used by employees, laborers or servants in connection  with  claims  for
liabilities that arose prior to the effective date.