N.Y. Lien Law § 45: Equities of lienors to be determined

§ 45. Equities of lienors to be determined. The court may adjust and

determine the equities of all the parties to the action and the order of

priority of different liens, and determine all issues raised by any

defense or counterclaim in the action. But in no case shall the court

determine any issue between the state and the contractor where a claim

has been or can be submitted to the court of claims for adjudication and

in case a counterclaim is set forth by any defendant in his answer, such

defendant shall be deemed to have waived a trial by jury of the issues

raised thereby.