S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   46--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  AUBRY, TAYLOR, SIMON, SAYEGH,
   DINOWITZ, REYES, COLTON,  MAMDANI,  GONZALEZ-ROJAS,  RAMOS,  MITAYNES,
   FORREST,  OTIS,  EPSTEIN,  GLICK,  FALL,  SEPTIMO, GALLAGHER, BURDICK,
   SANTABARBARA, HEVESI, LUNSFORD, DE LOS SANTOS, SHRESTHA --  read  once
   and referred to the Committee on Judiciary -- reported and referred to
   the  Committee  on  Codes -- reported and referred to the Committee on
   Rules -- Rules Committee discharged, bill amended,  ordered  reprinted
   as amended and recommitted to the Committee on Rules
 
 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. § 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-
 TEEN AND NINETEEN-A OF THE LABOR LAW, AS APPLICABLE, OR THE  FAIR  LABOR
 STANDARDS  ACT, 29 U.S.C. § 201 ET. SEQ., AS APPLICABLE, EXCEPT THAT THE
 TERM "EMPLOYER" SHALL NOT INCLUDE A GOVERNMENTAL AGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00720-03-3
 A. 46--A                            2
 
   23. WAGE CLAIM. THE TERM "WAGE CLAIM",  WHEN  USED  IN  THIS  CHAPTER,
 MEANS  A  CLAIM THAT AN EMPLOYEE HAS SUFFERED A VIOLATION OF SECTION ONE
 HUNDRED SEVENTY, 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. § 206 OR 207.
   § 2. Section 3 of the lien law, as amended by chapter 137 of the  laws
 of 1985, is amended to read as follows:
   §  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  OR  HER
 agent, contractor or subcontractor, and any trust fund to which benefits
 and  wage  supplements are due or payable for the benefit of such labor-
 ers, 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  OR,
 IN  THE  CASE  OF  AN  EMPLOYEE  WHOSE  WAGE CLAIM ORIGINATES FROM OR IS
 COVERED BY A COLLECTIVE BARGAINING  AGREEMENT,  HIS  OR  HER  AUTHORIZED
 BARGAINING  REPRESENTATIVE ON BEHALF OF SUCH EMPLOYEE, SHALL HAVE A LIEN
 ON HIS OR HER EMPLOYER'S INTEREST IN PROPERTY  FOR  THE  VALUE  OF  THAT
 EMPLOYEE'S  WAGE  CLAIM  ARISING OUT OF THE EMPLOYMENT, INCLUDING LIQUI-
 DATED DAMAGES PURSUANT TO SUBDIVISION ONE-A OF SECTION ONE HUNDRED NINE-
 TY-EIGHT, SECTION SIX HUNDRED SIXTY-THREE OR SECTION SIX HUNDRED  EIGHT-
 Y-ONE  OF THE LABOR LAW, OR 29 U.S.C. § 216 (B), 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 DEPOSIT ACCOUNTS OR GOODS AS THOSE TERMS ARE DEFINED IN SECTION 9-102
 OF THE UNIFORM COMMERCIAL CODE.  THE DEPARTMENT OF LABOR AND THE  ATTOR-
 NEY  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.
 A. 46--A                            3
 
   § 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 OR HER 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.
   §  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.
   §  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
 A. 46--A                            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, THE ITEMS OF THE WAGE CLAIM AND  THE  VALUE  THEREOF  WHICH
 MAKE UP THE AMOUNT FOR WHICH THE LIENOR CLAIMS A LIEN.
   §  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 OR HER 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
 THREE  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 OR SHE 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
 A. 46--A                            5
 
 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.
   § 7. Section 11 of the lien law, as amended by chapter 147 of the laws
 of 1996, is amended to read as follows:
   §  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 OR HER personally,  or  if  the  owner
 cannot  be  found, to his OR HER agent or attorney, or (b) by leaving it
 at his OR HER 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 OR HER 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 OR SHE 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 corpo-
 ration, 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 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.  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 claiming 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  OR
 HER  PERSONALLY, OR IF THE EMPLOYER CANNOT BE FOUND, TO HIS OR HER AGENT
 OR ATTORNEY, OR (B) BY LEAVING IT AS HIS OR  HER  LAST  KNOWN  PLACE  OF
 RESIDENCE  OR BUSINESS, WITH A PERSON OF SUITABLE AGE AND DISCRETION, OR
 (C) BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO HIS OR HER  LAST  KNOWN
 PLACE  OF RESIDENCE OR BUSINESS, OR (D) IF SUCH EMPLOYER OWNS REAL PROP-
 ERTY, 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 AFTER-
 NOON. THE LIENOR ALSO SHALL, WITHIN THIRTY DAYS AFTER FILING THE  NOTICE
 OF EMPLOYEE'S LIEN, AFFIX A COPY THEREOF CONSPICUOUSLY ON THE REAL PROP-
 ERTY  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 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
 A. 46--A                            6
 
 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 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.
   § 8. Section 11-b of the lien law, as amended by chapter  147  of  the
 laws of 1996, is amended to read as follows:
   §  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]
 ARTICLE 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,  subcontractor, assignee or legal representative for whom he
 OR SHE was employed or to whom he OR SHE furnished materials or  if  the
 lienor  is  a  contractor or subcontractor to the person, firm or corpo-
 ration 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 amend-
 ment 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.
   § 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
 OR  HER 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.
   § 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-
 A. 46--A                            7
 
 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 OR HER 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 OR HER labor is
 performed or his OR HER materials are used. Persons shall have no prior-
 ity 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  labor-
 ers 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.
   §  11.  Section  17  of the lien law, as amended by chapter 324 of the
 laws of 2000, is amended to read as follows:
   § 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
 A. 46--A                            8
 
 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 AUTO-
 MATICALLY  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.
   (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 AUTOMATICALLY 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
 A. 46--A                            9
 
 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, PROVIDED, THAT THE LIEN WILL BE
 AUTOMATICALLY EXTINGUISHED IF, AFTER A DISMISSAL WITH PREJUDICE  OF  THE
 WAGE  CLAIMS  ON WHICH IT IS BASED, THE LIENOR FAILS TO FILE A NOTICE OF
 APPEAL WITHIN THE PRESCRIBED PERIOD TO FILE A NOTICE OF APPEAL.    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 COUN-
 TY  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 AUTHORIZED TO ACCEPT FINANCING STATEMENTS PURSU-
 ANT 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 DEPARTMENT 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.
   §  12. Subdivisions 2 and 4 of section 19 of the lien law, subdivision
 2 as amended by chapter 310 of the laws of 1962, subdivision 4 as  added
 by  chapter  582 of the laws of 2002 and 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  IN
 THIS  SECTION,  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
 A. 46--A                           10
 
 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
 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 OR HER 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 OR HER 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 OR HER said  residence  or  its  place  of  business  for  the
 purposes  of said service at the time thereof, unless it is shown affir-
 matively 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 mailing address contained in the notice of lien.
 A. 46--A                           11
 
   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.
   §  13.  Section  24  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 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.
   § 14. Section 26 of the lien law, as amended by  chapter  373  of  the
 laws of 1977, is amended to read as follows:
   §  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
 A. 46--A                           12
 
 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.
   §  15.  Section  38  of the lien law, as amended by chapter 859 of the
 laws of 1930, is amended to read as follows:
   § 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 OR SHE claims a lien,  and
 which  shall  also  set forth the terms of the contract under which such
 items were furnished.  The statement shall be verified by the lienor  or
 his OR HER 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  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  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 compli-
 ance. 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.
   §  16. Section 39 of the lien law, as added by chapter 859 of the laws
 of 1930, is amended to read as follows:
   § 39. Lien wilfully exaggerated is void. In any action  or  proceeding
 to  enforce a mechanic's lien upon a private or public improvement OR AN
 EMPLOYEE'S LIEN, 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 OR SHE claims a lien as stated in  his  OR  HER  notice  of
 lien, [his] SUCH 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.
   § 17. Section 39-a of the lien law, as added by  chapter  859  of  the
 laws of 1930, is amended to read as follows:
 A. 46--A                           13
 
   §  39-a.  Liability  of  lienor  where  lien has been declared void on
 account of wilful exaggeration. Where in any  action  or  proceeding  to
 enforce  a  mechanic's  lien  upon a private or public improvement OR AN
 EMPLOYEE'S LIEN the court shall have declared said lien to  be  void  on
 account  of  wilful  exaggeration  the person filing such notice of lien
 shall be liable in damages to the owner or contractor. The damages which
 said owner or contractor shall be entitled to recover, shall include the
 amount of any premium for a bond given to obtain the  discharge  of  the
 lien or the interest on any money deposited for the purpose of discharg-
 ing  the  lien,  reasonable attorney's fees for services in securing the
 discharge of the lien, and, IN AN ACTION  OR  PROCEEDING  TO  ENFORCE  A
 MECHANIC'S  LIEN,  an amount equal to the difference by which the amount
 claimed to be due or to become due as  stated  in  the  notice  of  lien
 exceeded the amount actually due or to become due thereon.
   §  18.  Section  40  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 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.
   § 19. Section 41 of the lien law, as amended by  chapter  807  of  the
 laws of 1952, is amended to read as follows:
   § 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 OR HER
 assignee or legal representative, in the supreme court or  in  a  county
 court  otherwise  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.
   §  20.  Section  43  of the lien law, as amended by chapter 310 of the
 laws of 1962, is amended to read as follows:
   § 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.
   §  21.  Section  46  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 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
 A. 46--A                           14
 
 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.
   §  22.  Section  50  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 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.
   §  23.  Section  53  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 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.
   §  24.  Section  59  of the lien law, as amended by chapter 515 of the
 laws of 1929, is amended to read as follows:
   § 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 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 as his OR  HER  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 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, 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 OR HER 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 THIRTY
 DAYS FROM THE TIME OF SERVICE, OR SHOW CAUSE AT  A  SPECIAL  TERM  OF  A
 A. 46--A                           15

 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.
   § 25. Section 62 of the lien law, as amended by  chapter  697  of  the
 laws of 1934, is amended to read as follows:
   § 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 OR HER 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.
   § 26. 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.
   §  27.  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
 A. 46--A                           16
 
 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.
   § 28. 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. § 1595, 29 U.S.C. § 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.
   § 29. 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:
   §  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.
   § 30. 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
 A. 46--A                           17
 
 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  OR  HER  actual  custody,
 pending further order of the court.
   §  31. 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 OR HER 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.
   § 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,
 PROVIDED  THE  PURPOSE  REASONABLY  RELATED  TO A PERSON'S INTEREST AS A
 LABORER, SERVANT OR EMPLOYEE SHALL BE TO OBTAIN  THE  NAMES,  ADDRESSES,
 AND  VALUE  OF  SHAREHOLDERS'  INTERESTS  IN THE CORPORATION. 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 (Proxies).
 A corporation requested to provide information pursuant  to  this  para-
 A. 46--A                           18
 
 graph  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 bene-
 ficial owners as is provided to the corporation by a  registered  broker
 or  dealer or a bank, association or other entity that exercises fiduci-
 ary 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.
   § 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:
 § 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 OR HER pro rata share
 under this section shall be entitled to contribution pro rata  from  the
 other  shareholders 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
 A. 46--A                           19
 
 this  paragraph,  "pro  rata"  means  in  proportion to beneficial share
 interest. Before a shareholder may claim contribution from other  share-
 holders  under  this  paragraph, he OR SHE shall[, unless they have been
 given  notice  by  a  laborer, servant or employee under paragraph (a),]
 give them notice in writing that he OR  SHE  intends  to  hold  them  so
 liable  to  him  OR HER. Such notice shall be given by him OR HER within
 twenty days after the date that [notice was given to him by] HE  OR  SHE
 BECAME AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD HIM OR
 HER LIABLE under paragraph (a).
   §  34. Subdivision (c) of section 609 of the limited liability company
 law, as amended by chapter 620 of the laws of 2019, 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  domestic
 limited  liability company, or of any foreign limited liability company,
 when the unpaid services were performed in the state, shall jointly  and
 severally  be personally liable for all debts, wages or salaries due and
 owing to any of  its  laborers,  servants  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 judgment 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 subdivi-
 sion, "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.
   §  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 SUBDIVI-
 SION 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  SUBDIVISION,  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
 A. 46--A                           20
 
 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.
   § 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 of this act.