N.Y. General Obligations Law § 5-322.3: Payment bonds to be filed

§ 5-322.3. Payment bonds to be filed. A copy of any payment bond

executed in connection with a contract for the improvement of real

property other than a contract for a public improvement, shall be filed

within thirty days of such execution by the owner of the improvement in

the office of the county clerk in the county in which the improvement is

to be undertaken; provided, however, that such filing shall be required

only where the contract for the improvement of real property is for an

amount in excess of one hundred thousand dollars. Any owner failing to

file such payment bond as provided herein shall be liable for the

reasonable attorney's fees, as determined by the court, of any claimant

successfully bringing an action or proceeding on the bond.