New York
Extension of Lien-Private Works

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Extension of Notice Under Mechanic’s Lien Law

Scope: State of New York, Private Works.

Time Constraints: You may file one extension of your private New York Notice of Lien on a non-residential property. For residential property, or to continue a lien on commercial property after the first extension you must be brought in a court perfection action using your attorney.

File with the County Recorder's office, where the prior Notice of Lien was filed is located, your Extension of Notice any time within one year of the original filing of the Notice of Lien. Provide a copy of the Notice of Lien with your filing. Send a copy to the Owner of the property and Prime Contractor of the job.

Failure to file the Extension of Notice within the one year period will result in the termination of your lien.

Perfection: Continuance of the lien, or suit to enforce foreclosure of the lien, must be filed within 1 year after filing the Extension of Notice.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges the represent the current amount due.

Form Types: Extension of Notice Under Mechanic’s Lien Law, Exhibit's A-D, if needed, Recorder’s Letter (to file the Extension).

Procedures: Prepare your documents using the required information. File your Extension of Notice and serve upon the owners and prime contractors. At this point you are ready enforce all of your claims in one action.

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