N.Y. Lien Law § 54: Judgment in case of failure to establish lien

§ 54. Judgment in case of failure to establish lien. If the lienor

shall fail, for any reason, to establish a valid lien in an action under

the provisions of this article, he may recover judgment therein for such

sums as are due him, or which he might recover in an action on a

contract, against any party to the action.