N.Y. Lien Law § 44-b: Necessary parties; lien against public or private improvement

§ 44-b. Necessary parties; lien against public or private improvement.

Notwithstanding any inconsistent provision of section forty-four of this

article, any private owner or the state or a public corporation with

which a notice of lien is filed shall not be a necessary party defendant

in an action to enforce the lien if, either before or after the

commencement of the action, a contractor or subcontractor, (a) in the

case of a public improvement, executes a bond or undertaking, in

accordance with subdivision five of section twenty-one of this chapter,

to the state or the public corporation with which the notice of lien is

filed conditioned for the payment of any judgment that may be recovered

in an action to enforce the lien or, (b) in the case of a private

improvement, executes a bond or undertaking in accordance with

subdivision four of section nineteen of this chapter, to the county

clerk with which the notice of lien is filed conditioned for the payment

of any judgment that may be recovered in an action to enforce the lien.