Affidavit of Service of Notice of Mechanic's Lien
(NY)

Summary

This Affidavit of Service template may be used to prove the service of a notice of mechanic's lien in New York under N.Y. Lien Law § 11. This template includes practical guidance, drafting notes, and alternate clauses. Pursuant to N.Y. Lien Law § 11, service of a notice of lien on an individual owner is effective if served by any of the following methods: • Personally on the owner, the owner's agent, or attorney. • By leaving a copy of the notice of lien with a person of suitable age and discretion at the owner's last-known residence in the city or town where the real property is located. • By registered or certified mail addressed to the owner's last-known residence in the city or town where the real property is located. • By affixing a copy conspicuously on the real property subject to the lien, between the hours of 9:00 a.m. and 4:00 p.m., if the owner has no residence in the city or town where the real property is located or cannot be found and the owner has no agent or attorney. When serving a notice of lien on an individual, choose one of the manners of service designated for individuals. When serving a notice of lien on an owner that is an entity, choose one of the manners of service designated for an entity. If the lienor contracted with a party other than the owner, use the method of service designated for a "contractor, subcontractor, or assignee," and state the service method in the affidavit. A mechanic's lien is terminated after 35 days if the party filing the lien (referred to as the lienor) fails to file the proof of service in the county clerk's office where the notice of mechanic's lien was recorded. N.Y. Lien Law § 11. For more information on mechanic's liens in New York, see Mechanic's Lien Resource Kit (NY) and Warren's Weed New York Real Property §§ 92.01–92.75. For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit.