N.Y. Lien Law § 46: Action in a court not of record

§ 46. Action in a court not of record. If an action to enforce a

mechanic'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. 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 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

publication, after the day of the last publication of the summons.

Service must be made at least eight days before the return day.