N.Y. Lien Law § 62: Bringing in new parties

§ 62. Bringing in new parties. A lienor who has filed a notice of lien

after the commencement of an action in a court of record to foreclose or

enforce a mechanic's lien against real property or a public improvement,

may at any time up to and including the day preceding the day on which

the trial of such action is commenced, make application upon notice to

the plaintiff or his attorney in such action, to be made a party

therein. Upon good cause shown, the court must order such lienor to be

brought in by amendment. If the application is made by any other party

in said action to make such lienor or other person a party, the court

may in its discretion direct such lienor or other person to be brought

in by like amendment. The order to be entered on such application shall

provide the time for and manner of serving the pleading of such

additional lienor or other person and shall direct that the pleadings,

papers and proceedings of the other several parties in such action,

shall be deemed amended, so as not to require the making or serving of

papers other than said order to effectuate such amendment, and shall

further provide that the allegations in the answer of such additional

lienor or other person shall, for the purposes of the action, be deemed

denied by the other parties therein. The action shall be so conducted by

the court as not to cause substantially any delay in the trial thereof.

The bringing in of such additional lienor or other person shall be

without prejudice to the proceedings had, and if the action be on the

calendar of the court, same shall retain its place on such calendar

without the necessity of serving a new note of issue and new notices of

trial.