Bill Text: NY A00486 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft.
Spectrum: Partisan Bill (Democrat 38-0)
Status: (Vetoed) 2020-01-01 - VETOED MEMO.291 [A00486 Detail]
Download: New_York-2019-A00486-Amended.html
Bill Title: Relates to securing payment of wages for work already performed; creates a lien remedy for all employees; provides grounds for attachment; relates to procedures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; relates to rights for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft.
Spectrum: Partisan Bill (Democrat 38-0)
Status: (Vetoed) 2020-01-01 - VETOED MEMO.291 [A00486 Detail]
Download: New_York-2019-A00486-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 486--A 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, MOSLEY, GOTTFRIED, OTIS, WEPRIN, ORTIZ, PERRY, DAVILA, DINOWITZ, SIMON, M. G. MILLER, LIFTON, BARRON, SEAWRIGHT, RICHARDSON, BENEDETTO, STECK, BRONSON, CRESPO, HUNTER, ROZIC, COLTON, TAYLOR, PICHARDO, EPSTEIN, REYES, DeSTEFANO, ZEBROWSKI, STIRPE, CARROLL, McMAHON, RAMOS, JAFFEE -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA, HEVESI, KIM, LENTOL, RIVERA -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the lien law, in relation to employee liens; to amend the labor law, in relation to employee complaints; to amend the civil practice law and rules, in relation to grounds for attachment; to amend the business corporation law, in relation to streamlining proce- dures where employees may hold shareholders of non-publicly traded corporations personally liable for wage theft; and to amend the limit- ed liability company law, in relation to creating a right for victims of wage theft to hold the ten members with the largest ownership interests in a company personally liable for wage theft The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2 of the lien law is amended by adding three new 2 subdivisions 21, 22 and 23 to read as follows: 3 21. Employee. The term "employee", when used in this chapter, shall 4 have the same meaning as "employee" pursuant to articles one, six, nine- 5 teen and nineteen-A of the labor law, as applicable, or the Fair Labor 6 Standards Act, 29 U.S.C. § 201 et. seq., as applicable. 7 22. Employer. The term "employer", when used in this chapter, shall 8 have the same meaning as "employer" pursuant to articles one, six, nine- 9 teen and nineteen-A of the labor law, as applicable, or the Fair Labor EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00946-02-9A. 486--A 2 1 Standards Act, 29 U.S.C. § 201 et. seq., as applicable, except that the 2 term "employer" shall not include a governmental agency. 3 23. Wage claim. The term "wage claim", when used in this chapter, 4 means a claim that an employee has suffered a violation of sections one 5 hundred seventy, one hundred ninety-one, one hundred ninety-three, one 6 hundred ninety-six-d, six hundred fifty-two or six hundred seventy-three 7 of the labor law or the related regulations and wage orders promulgated 8 by the commissioner, a claim for wages due to an employee pursuant to an 9 employment contract that were unpaid in violation of that contract, or a 10 claim that an employee has suffered a violation of 29 U.S.C. § 206 or 11 207. 12 § 2. Section 3 of the lien law, as amended by chapter 137 of the laws 13 of 1985, is amended to read as follows: 14 § 3. Mechanic's lien and employee's lien on [real] property. 1. 15 Mechanic's lien. A contractor, subcontractor, laborer, materialman, 16 landscape gardener, nurseryman or person or corporation selling fruit or 17 ornamental trees, roses, shrubbery, vines and small fruits, who performs 18 labor or furnishes materials for the improvement of real property with 19 the consent or at the request of the owner thereof, or of his agent, 20 contractor or subcontractor, and any trust fund to which benefits and 21 wage supplements are due or payable for the benefit of such laborers, 22 shall have a lien for the principal and interest, of the value, or the 23 agreed price, of such labor, including benefits and wage supplements due 24 or payable for the benefit of any laborer, or materials upon the real 25 property improved or to be improved and upon such improvement, from the 26 time of filing a notice of such lien as prescribed in this chapter. 27 Where the contract for an improvement is made with a husband or wife and 28 the property belongs to the other or both, the husband or wife contract- 29 ing shall also be presumed to be the agent of the other, unless such 30 other having knowledge of the improvement shall, within ten days after 31 learning of the contract give the contractor written notice of his or 32 her refusal to consent to the improvement. Within the meaning of the 33 provisions of this chapter, materials actually manufactured for but not 34 delivered to the real property, shall also be deemed to be materials 35 furnished. 36 2. Employee's lien. An employee who has a wage claim as that term is 37 defined in subdivision twenty-three of section two of this chapter shall 38 have a lien on his or her employer's interest in property for the value 39 of the wage claim arising out of the employment, including liquidated 40 damages pursuant to subdivision one-a of section one hundred ninety- 41 eight, section six hundred sixty-three or section six hundred eighty-one 42 of the labor law, or 29 U.S.C. § 216 (b), from the time of filing a 43 notice of such lien as prescribed in this chapter. An employee's lien 44 based on a wage claim may be had against the employer's interest in real 45 property and against the employer's interest in personal property that 46 can be sufficiently described within the meaning of section 9-108 of the 47 uniform commercial code, except that an employee's lien shall not extend 48 to deposit accounts or goods as those terms are defined in section 9-102 49 of the uniform commercial code. The department of labor and the attor- 50 ney general may obtain an employee's lien for the value of wage claims 51 of the employees who are the subject of their investigations, court 52 actions or administrative agency actions. 53 3. As used in this article and unless otherwise specified, a lien 54 shall mean an employee's lien or a mechanic's lien.A. 486--A 3 1 § 3. Subdivisions 1 and 2 of section 4 of the lien law, subdivision 1 2 as amended by chapter 515 of the laws of 1929 and subdivision 2 as added 3 by chapter 704 of the laws of 1985, are amended to read as follows: 4 (1) [Such] A mechanic's or employee's lien and employee's lien against 5 real property shall extend to the owner's right, title or interest in 6 the real property and improvements, existing at the time of filing the 7 notice of lien, or thereafter acquired, except as hereinafter in this 8 article provided. If an owner assigns his interest in such real property 9 by a general assignment for the benefit of creditors, within thirty days 10 prior to such filing, the lien shall extend to the interest thus 11 assigned. If any part of the real property subjected to such lien be 12 removed by the owner or by any other person, at any time before the 13 discharge thereof, such removal shall not affect the rights of the 14 lienor, either in respect to the remaining real property, or the part so 15 removed. If labor is performed for, or materials furnished to, a 16 contractor or subcontractor for an improvement, the mechanic's lien 17 shall not be for a sum greater than the sum earned and unpaid on the 18 contract at the time of filing the notice of lien, and any sum subse- 19 quently earned thereon. In no case shall the owner be liable to pay by 20 reason of all mechanic's liens created pursuant to this article a sum 21 greater than the value or agreed price of the labor and materials 22 remaining unpaid, at the time of filing notices of such liens, except as 23 hereinafter provided. 24 (2) [Such] A mechanic's or employee's lien shall not extend to the 25 owner's right, title or interest in real property and improvements, 26 existing at the time of filing the notice of lien if such lien arises 27 from the failure of a lessee of the right to explore, develop or produce 28 natural gas or oil, to pay for, compensate or render value for improve- 29 ments made with the consent or at the request of such lessee by a 30 contractor, subcontractor, materialman, equipment operator or owner, 31 landscaper, nurseryman, or person or corporation who performs labor or 32 furnishes materials for the exploration, development, or production of 33 oil or natural gas or otherwise improves such leased property. Such 34 mechanic's or employee's lien shall extend to the improvements made for 35 the exploration, development and production of oil and natural gas, and 36 the working interest held by a lessee of the right to explore, develop 37 or produce oil and natural gas. 38 § 4. The opening paragraph of section 4-a of the lien law, as amended 39 by chapter 696 of the laws of 1959, is amended to read as follows: 40 The proceeds of any insurance which by the terms of the policy are 41 payable to the owner of real property improved, and actually received or 42 to be received by him because of the destruction or removal by fire or 43 other casualty of an improvement on which lienors have performed labor 44 or services or for which they have furnished materials, or upon which an 45 employee has established an employee's lien, shall after the owner has 46 been reimbursed therefrom for premiums paid by him, if any, for such 47 insurance, be subject to liens provided by this act to the same extent 48 and in the same order of priority as the real property would have been 49 had such improvement not been so destroyed or removed. 50 § 5. Subdivisions 1, 2 and 5 of section 9 of the lien law, as amended 51 by chapter 515 of the laws of 1929, are amended to read as follows: 52 1. The name of the lienor, and either the residence of the lienor or 53 the name and business address of the lienor's attorney, if any; and if 54 the lienor is a partnership or a corporation, the business address of 55 such firm, or corporation, the names of partners and principal place ofA. 486--A 4 1 business, and if a foreign corporation, its principal place of business 2 within the state. 3 2. The name of the owner of the [real] property against whose interest 4 therein a lien is claimed, and the interest of the owner as far as known 5 to the lienor. 6 5. The amount unpaid to the lienor for such labor or materials, or the 7 amount of the wage claim if a wage claim is the basis for establishment 8 of the lien, the items of the wage claim and the value thereof which 9 make up the amount for which the lienor claims a lien. 10 § 6. Subdivision 1 of section 10 of the lien law, as amended by chap- 11 ter 367 of the laws of 2011, is amended to read as follows: 12 1. (a) Notice of mechanic's lien may be filed at any time during the 13 progress of the work and the furnishing of the materials, or, within 14 eight months after the completion of the contract, or the final perform- 15 ance of the work, or the final furnishing of the materials, dating from 16 the last item of work performed or materials furnished; provided, howev- 17 er, that where the improvement is related to real property improved or 18 to be improved with a single family dwelling, the notice of mechanic's 19 lien may be filed at any time during the progress of the work and the 20 furnishing of the materials, or, within four months after the completion 21 of the contract, or the final performance of the work, or the final 22 furnishing of the materials, dating from the last item of work performed 23 or materials furnished; and provided further where the notice of mechan- 24 ic's lien is for retainage, the notice of mechanic's lien may be filed 25 within ninety days after the date the retainage was due to be released; 26 except that in the case of a mechanic's lien by a real estate broker, 27 the notice of mechanic's lien may be filed only after the performance of 28 the brokerage services and execution of lease by both lessor and lessee 29 and only if a copy of the alleged written agreement of employment or 30 compensation is annexed to the notice of lien, provided that where the 31 payment pursuant to the written agreement of employment or compensation 32 is to be made in installments, then a notice of lien may be filed within 33 eight months after the final payment is due, but in no event later than 34 a date five years after the first payment was made. For purposes of this 35 section, the term "single family dwelling" shall not include a dwelling 36 unit which is a part of a subdivision that has been filed with a munici- 37 pality in which the subdivision is located when at the time the lien is 38 filed, such property in the subdivision is owned by the developer for 39 purposes other than his personal residence. For purposes of this 40 section, "developer" shall mean and include any private individual, 41 partnership, trust or corporation which improves two or more parcels of 42 real property with single family dwellings pursuant to a common scheme 43 or plan. [The] 44 (b) Notice of employee's lien may be filed at any time not later than 45 three years following the end of the employment giving rise to the wage 46 claim. 47 (c) A notice of lien, other than for a lien on personal property, must 48 be filed in the clerk's office of the county where the property is situ- 49 ated. If such property is situated in two or more counties, the notice 50 of lien shall be filed in the office of the clerk of each of such coun- 51 ties. The county clerk of each county shall provide and keep a book to 52 be called the "lien docket," which shall be suitably ruled in columns 53 headed "owners," "lienors," "lienor's attorney," "property," "amount," 54 "time of filing," "proceedings had," in each of which he shall enter the 55 particulars of the notice, properly belonging therein. The date, hour 56 and minute of the filing of each notice of lien shall be entered in theA. 486--A 5 1 proper column. Except where the county clerk maintains a block index, 2 the names of the owners shall be arranged in such book in alphabetical 3 order. The validity of the lien and the right to file a notice thereof 4 shall not be affected by the death of the owner before notice of the 5 lien is filed. A notice of employee's lien on personal property must be 6 filed, together with a financing statement, in the filing office as set 7 forth in section 9-501 of the uniform commercial code. 8 § 7. Section 11 of the lien law, as amended by chapter 147 of the laws 9 of 1996, is amended to read as follows: 10 § 11. Service of copy of notice of lien. 1. Within five days before 11 or thirty days after filing the notice of a mechanic's lien, the lienor 12 shall serve a copy of such notice upon the owner, if a natural person, 13 (a) by delivering the same to him personally, or if the owner cannot be 14 found, to his agent or attorney, or (b) by leaving it at his last known 15 place of residence in the city or town in which the real property or 16 some part thereof is situated, with a person of suitable age and 17 discretion, or (c) by registered or certified mail addressed to his last 18 known place of residence, or (d) if such owner has no such residence in 19 such city or town, or cannot be found, and he has no agent or attorney, 20 by affixing a copy thereof conspicuously on such property, between the 21 hours of nine o'clock in the forenoon and four o'clock in the afternoon; 22 if the owner be a corporation, said service shall be made (i) by deliv- 23 ering such copy to and leaving the same with the president, vice-presi- 24 dent, secretary or clerk to the corporation, the cashier, treasurer or a 25 director or managing agent thereof, personally, within the state, or 26 (ii) if such officer cannot be found within the state by affixing a copy 27 thereof conspicuously on such property between the hours of nine o'clock 28 in the forenoon and four o'clock in the afternoon, or (iii) by regis- 29 tered or certified mail addressed to its last known place of business. 30 Failure to file proof of such a service with the county clerk within 31 thirty-five days after the notice of lien is filed shall terminate the 32 notice as a lien. Until service of the notice has been made, as above 33 provided, an owner, without knowledge of the lien, shall be protected in 34 any payment made in good faith to any contractor or other person claim- 35 ing a lien. 36 2. Within five days before or thirty days after filing the notice of 37 an employee's lien, the lienor shall serve a copy of such notice upon 38 the employer, if a natural person, (a) by delivering the same to him 39 personally, or if the employer cannot be found, to his agent or attor- 40 ney, or (b) by leaving it as his last known place of residence or busi- 41 ness, with a person of suitable age and discretion, or (c) by registered 42 or certified mail addressed to his last known place of residence or 43 business, or (d) if such employer owns real property, by affixing a copy 44 thereof conspicuously on such property, between the hours of nine 45 o'clock in the forenoon and four o'clock in the afternoon. The lienor 46 also shall, within thirty days after filing the notice of employee's 47 lien, affix a copy thereof conspicuously on the real property identified 48 in the notice of employee's lien, between the hours of nine o'clock in 49 the forenoon and four o'clock in the afternoon. If the employer be a 50 corporation, said service shall be made (i) by delivering such copy to 51 and leaving the same with the president, vice-president, secretary or 52 clerk to the corporation, the cashier, treasurer or a director or manag- 53 ing agent thereof, personally, within the state, or (ii) if such officer 54 cannot be found within the state by affixing a copy thereof conspicuous- 55 ly on such property between the hours of nine o'clock in the forenoon 56 and four o'clock in the afternoon, or (iii) by registered or certifiedA. 486--A 6 1 mail addressed to its last known place of business, or (iv) by delivery 2 to the secretary of the department of state in the same manner as 3 required by subparagraph one of paragraph (b) of section three hundred 4 six of the business corporation law. Failure to file proof of such a 5 service with the county clerk within thirty-five days after the notice 6 of lien is filed shall terminate the notice as a lien. Until service of 7 the notice has been made, as above provided, an owner, without knowledge 8 of the lien, shall be protected in any payment made in good faith to any 9 other person claiming a lien. 10 § 8. Section 11-b of the lien law, as amended by chapter 147 of the 11 laws of 1996, is amended to read as follows: 12 § 11-b. Copy of notice of mechanic's lien to a contractor or subcon- 13 tractor. Within five days before or thirty days after filing a notice 14 of mechanic's lien in accordance with section ten of this [chapter] 15 article or the filing of an amendment of notice of mechanic's lien in 16 accordance with section twelve-a of this [chapter] article the lienor 17 shall serve a copy of such notice or amendment by certified mail on the 18 contractor, subcontractor, assignee or legal representative for whom he 19 was employed or to whom he furnished materials or if the lienor is a 20 contractor or subcontractor to the person, firm or corporation with whom 21 the contract was made. A lienor having a direct contractual relationship 22 with a subcontractor or a sub-subcontractor but not with a contractor 23 shall also serve a copy of such notice or amendment by certified mail to 24 the contractor. Failure to file proof of such a service with the county 25 clerk within thirty-five days after the notice of lien is filed shall 26 terminate the notice as a lien. Any lienor, or a person acting on behalf 27 of a lienor, who fails to serve a copy of the notice of mechanic's lien 28 as required by this section shall be liable for reasonable attorney's 29 fees, costs and expenses, as determined by the court, incurred in 30 obtaining such copy. 31 § 9. Subdivision 1 of section 12-a of the lien law, as amended by 32 chapter 1048 of the laws of 1971, is amended to read as follows: 33 1. Within sixty days after the original filing, a lienor may amend his 34 lien upon twenty days notice to existing lienors, mortgagees and the 35 owner, provided that no action or proceeding to enforce or cancel the 36 mechanics' lien or employee's lien has been brought in the interim, 37 where the purpose of the amendment is to reduce the amount of the lien, 38 except the question of wilful exaggeration shall survive such amendment. 39 § 10. Subdivision 1 of section 13 of the lien law, as amended by chap- 40 ter 878 of the laws of 1947, is amended to read as follows: 41 (1) [A] An employee's lien, or a lien for materials furnished or labor 42 performed in the improvement of real property, shall have priority over 43 a conveyance, mortgage, judgment or other claim against such property 44 not recorded, docketed or filed at the time of the filing of the notice 45 of such lien, except as hereinafter in this chapter provided; over 46 advances made upon any mortgage or other encumbrance thereon after such 47 filing, except as hereinafter in this article provided; and over the 48 claim of a creditor who has not furnished materials or performed labor 49 upon such property, if such property has been assigned by the owner by a 50 general assignment for the benefit of creditors, within thirty days 51 before the filing of either of such notices; and also over an attachment 52 hereafter issued or a money judgment hereafter recovered upon a claim, 53 which, in whole or in part, was not for materials furnished, labor 54 performed or moneys advanced for the improvement of such real property; 55 and over any claim or lien acquired in any proceedings upon such judg- 56 ment. Such liens shall also have priority over advances made upon aA. 486--A 7 1 contract by an owner for an improvement of real property which contains 2 an option to the contractor, his successor or assigns to purchase the 3 property, if such advances were made after the time when the labor began 4 or the first item of material was furnished, as stated in the notice of 5 lien. If several buildings are demolished, erected, altered or repaired, 6 or several pieces or parcels of real property are improved, under one 7 contract, and there are conflicting liens thereon, each lienor shall 8 have priority upon the particular part of the real property or upon the 9 particular building or premises where his labor is performed or his 10 materials are used. Persons shall have no priority on account of the 11 time of filing their respective notices of liens, but all liens shall be 12 on a parity except as hereinafter in section fifty-six of this chapter 13 provided; and except that in all cases laborers for daily or weekly 14 wages with a mechanic's lien, and employees with an employee's lien, 15 shall have preference over all other claimants under this article. 16 § 11. Section 17 of the lien law, as amended by chapter 324 of the 17 laws of 2000, is amended to read as follows: 18 § 17. Duration of lien. 1. (a) No mechanic's lien specified in this 19 article shall be a lien for a longer period than one year after the 20 notice of lien has been filed, unless within that time an action is 21 commenced to foreclose the lien, and a notice of the pendency of such 22 action, whether in a court of record or in a court not of record, is 23 filed with the county clerk of the county in which the notice of lien is 24 filed, containing the names of the parties to the action, the object of 25 the action, a brief description of the real property affected thereby, 26 and the time of filing the notice of lien; or unless an extension to 27 such lien, except for a lien on real property improved or to be improved 28 with a single family dwelling, is filed with the county clerk of the 29 county in which the notice of lien is filed within one year from the 30 filing of the original notice of lien, continuing such lien and such 31 lien shall be redocketed as of the date of filing such extension. Such 32 extension shall contain the names of the lienor and the owner of the 33 real property against whose interest therein such lien is claimed, a 34 brief description of the real property affected by such lien, the amount 35 of such lien, and the date of filing the notice of lien. No lien shall 36 be continued by such extension for more than one year from the filing 37 thereof. In the event an action is not commenced to foreclose the lien 38 within such extended period, such lien shall be extinguished unless an 39 order be granted by a court of record or a judge or justice thereof, 40 continuing such lien, and such lien shall be redocketed as of the date 41 of granting such order and a statement made that such lien is continued 42 by virtue of such order. A lien on real property improved or to be 43 improved with a single family dwelling may only be extended by an order 44 of a court of record, or a judge or justice thereof. No lien shall be 45 continued by court order for more than one year from the granting there- 46 of, but a new order and entry may be made in each of two successive 47 years. If a lienor is made a party defendant in an action to enforce 48 another lien, and the plaintiff or such defendant has filed a notice of 49 the pendency of the action within the time prescribed in this section, 50 the lien of such defendant is thereby continued. Such action shall be 51 deemed an action to enforce the lien of such defendant lienor. The fail- 52 ure to file a notice of pendency of action shall not abate the action as 53 to any person liable for the payment of the debt specified in the notice 54 of lien, and the action may be prosecuted to judgment against such 55 person. The provisions of this section in regard to continuing liens 56 shall apply to liens discharged by deposit or by order on the filing ofA. 486--A 8 1 an undertaking. Where a lien is discharged by deposit or by order, a 2 notice of pendency of action shall not be filed. 3 (b) A lien, the duration of which has been extended by the filing of a 4 notice of the pendency of an action as above provided, shall neverthe- 5 less terminate as a lien after such notice has been canceled as provided 6 in section sixty-five hundred fourteen of the civil practice law and 7 rules or has ceased to be effective as constructive notice as provided 8 in section sixty-five hundred thirteen of the civil practice law and 9 rules. 10 2. (a) No employee's lien on real property shall be a lien for a long- 11 er period than one year after the notice of lien has been filed, unless 12 an extension to such lien is filed with the county clerk of the county 13 in which the notice of lien is filed within one year from the filing of 14 the original notice of lien, continuing such lien and such lien shall be 15 redocketed as of the date of filing such extension. Such extension shall 16 contain the names of the lienor and the owner of the real property 17 against whose interest therein such lien is claimed, a brief description 18 of the property affected by such lien, the amount of such lien, and the 19 date of filing the notice of lien. No lien shall be continued by such 20 extension for more than one year from the filing thereof. In the event 21 an action is not commenced to obtain judgment on the wage claim or to 22 foreclose the lien within such extended period, such lien shall be 23 extinguished unless an order be granted by a court of record or a judge 24 or justice thereof, continuing such lien, and such lien shall be redock- 25 eted as of the date of granting such order and a statement made that 26 such lien is continued by virtue of such order. 27 (b) No employee's lien on personal property shall be a lien for a 28 longer period than one year after the financing statement has been 29 recorded, unless an extension to such lien, is filed with the filing 30 office in which the financing statement is required to be filed pursuant 31 to section 9-501 of the uniform commercial code within one year from the 32 filing of the original financing statement, continuing such lien. Such 33 extension shall contain the names of the lienor and the owner of the 34 property against whose interest therein such lien is claimed, a brief 35 description of the prior financing statement to be extended, and the 36 date of filing the prior financing statement. No lien shall be contin- 37 ued by such extension for more than one year from the filing thereof. In 38 the event an action is not commenced to obtain judgment on the wage 39 claim or to foreclose the lien within such extended period, such lien 40 shall be extinguished unless an order be granted by a court of record or 41 a judge or justice thereof, continuing such lien, and such lien shall be 42 refiled as of the date of granting such order and a statement made that 43 such lien is continued by virtue of such order. 44 (c) If a lienor is made a party defendant in an action to enforce 45 another lien, and the plaintiff or such defendant has filed a notice of 46 the pendency of the action within the time prescribed in this section, 47 the lien of such defendant is thereby continued. Such action shall be 48 deemed an action to enforce the lien of such defendant lienor. The fail- 49 ure to file a notice of pendency of action shall not abate the action as 50 to any person liable for the payment of the debt specified in the notice 51 of lien, and the action may be prosecuted to judgment against such 52 person. The provisions of this section in regard to continuing liens 53 shall apply to liens discharged by deposit or by order on the filing of 54 an undertaking. Where a lien is discharged by deposit or by order, a 55 notice of pendency of action shall not be filed.A. 486--A 9 1 (d) Notwithstanding the foregoing, if a lienor commences a foreclosure 2 action or an action to obtain a judgment on the wage claim within one 3 year from the filing of the notice of lien on real property or the 4 recording of the financing statement creating lien on personal property, 5 the lien shall be extended during the pendency of the action and for one 6 hundred twenty days following the entry of final judgment in such 7 action, unless the action results in a final judgment or administrative 8 order in the lienor's favor on the wage claims and the lienor commences 9 a foreclosure action, in which instance the lien shall be valid during 10 the pendency of the foreclosure action. If a lien is extended due to the 11 pendency of a foreclosure action or an action to obtain a judgment on 12 the wage claim, the lienor shall file a notice of such pendency and 13 extension with the county clerk of the county in which the notice of 14 lien is filed, containing the names of the parties to the action, the 15 object of the action, a brief description of the property affected 16 thereby, and the time of filing the notice of lien, or in the case of a 17 lien on personal property shall file such notice with the office author- 18 ized to accept financing statements pursuant to section 9-501 of the 19 uniform commercial code. For purposes of this section, an action to 20 obtain judgment on a wage claim includes an action brought in any court 21 of competent jurisdiction, the submission of a complaint to the depart- 22 ment of labor or the submission of a claim to arbitration pursuant to an 23 arbitration agreement. An action also includes an investigation of wage 24 claims by the commissioner of labor or the attorney general of the state 25 of New York, regardless of whether such investigation was initiated by a 26 complaint. 27 (e) A lien, the duration of which has been extended by the filing of a 28 notice of the pendency of an action as above provided, shall neverthe- 29 less terminate as a lien after such notice has been canceled as provided 30 in section sixty-five hundred fourteen of the civil practice law and 31 rules or has ceased to be effective as constructive notice as provided 32 in section sixty-five hundred thirteen of the civil practice law and 33 rules. 34 § 12. Subdivisions 2 and 4 of section 19 of the lien law, subdivision 35 2 as amended by chapter 310 of the laws of 1962, subdivision 4 as added 36 by chapter 582 of the laws of 2002 and paragraph a of subdivision 4 as 37 further amended by section 104 of part A of chapter 62 of the laws of 38 2011, are amended to read as follows: 39 (2) By failure to begin an action to foreclose such lien or to secure 40 an order continuing it, within one year from the time of filing the 41 notice of lien, unless (i) an action be begun within the same period to 42 foreclose a mortgage or another mechanic's lien upon the same property 43 or any part thereof and a notice of pendency of such action is filed 44 according to law, or (ii) an action is commenced to obtain a judgment on 45 a wage claim pursuant to subdivision two of section seventeen of this 46 article, but a lien, the duration of which has been extended by the 47 filing of a notice of the pendency of an action as herein provided, 48 shall nevertheless terminate as a lien after such notice has been 49 cancelled or has ceased to be effective as constructive notice. 50 (4) Either before or after the beginning of an action by the employer, 51 owner or contractor executing a bond or undertaking in an amount equal 52 to one hundred ten percent of such lien conditioned for the payment of 53 any judgment which may be rendered against the property or employer for 54 the enforcement of the lien: 55 a. The execution of any such bond or undertaking by any fidelity or 56 surety company authorized by the laws of this state to transact busi-A. 486--A 10 1 ness, shall be sufficient; and where a certificate of qualification has 2 been issued by the superintendent of financial services under the 3 provisions of section one thousand one hundred eleven of the insurance 4 law, and has not been revoked, no justification or notice thereof shall 5 be necessary. Any such company may execute any such bond or undertaking 6 as surety by the hand of its officers, or attorney, duly authorized 7 thereto by resolution of its board of directors, a certified copy of 8 which resolution, under the seal of said company, shall be filed with 9 each bond or undertaking. Any such bond or undertaking shall be filed 10 with the clerk of the county in which the notice of lien is filed, and a 11 copy shall be served upon the adverse party. The undertaking is effec- 12 tive when so served and filed. If a certificate of qualification issued 13 pursuant to subsections (b), (c) and (d) of section one thousand one 14 hundred eleven of the insurance law is not filed with the undertaking, a 15 party may except, to the sufficiency of a surety and by a written notice 16 of exception served upon the adverse party within ten days after 17 receipt, a copy of the undertaking. Exceptions deemed by the court to 18 have been taken unnecessarily, or for vexation or delay, may, upon 19 notice, be set aside, with costs. Where no exception to sureties is 20 taken within ten days or where exceptions taken are set aside, the 21 undertaking shall be allowed. 22 b. In the case of bonds or undertakings not executed pursuant to para- 23 graph a of this subdivision, the employer, owner or contractor shall 24 execute an undertaking with two or more sufficient sureties, who shall 25 be free holders, to the clerk of the county where the premises are situ- 26 ated. The sureties must together justify in at least double the sum 27 named in the undertaking. A copy of the undertaking, with notice that 28 the sureties will justify before the court, or a judge or justice there- 29 of, at the time and place therein mentioned, must be served upon the 30 lienor or his attorney, not less than five days before such time. Upon 31 the approval of the undertaking by the court, judge or justice an order 32 shall be made by such court, judge or justice discharging such lien. 33 c. If the lienor cannot be found, or does not appear by attorney, 34 service under this subsection may be made by leaving a copy of such 35 undertaking and notice at the lienor's place of residence, or if a 36 corporation at its principal place of business within the state as stat- 37 ed in the notice of lien, with a person of suitable age and discretion 38 therein, or if the house of his abode or its place of business is not 39 stated in said notice of lien and is not known, then in such manner as 40 the court may direct. The premises, if any, described in the notice of 41 lien as the lienor's residence or place of business shall be deemed to 42 be his said residence or its place of business for the purposes of said 43 service at the time thereof, unless it is shown affirmatively that the 44 person servicing the papers or directing the service had knowledge to 45 the contrary. Notwithstanding the other provisions of this subdivision 46 relating to service of notice, in any case where the mailing address of 47 the lienor is outside the state such service may be made by registered 48 or certified mail, return receipt requested, to such lienor at the mail- 49 ing address contained in the notice of lien. 50 d. Except as otherwise provided in this subdivision, the provisions of 51 article twenty-five of the civil practice law and rules regulating 52 undertakings is applicable to a bond or undertaking given for the 53 discharge of a lien on account of private improvements or of an employ- 54 ee's lien. 55 § 13. Section 24 of the lien law, as amended by chapter 515 of the 56 laws of 1929, is amended to read as follows:A. 486--A 11 1 § 24. Enforcement of [mechanic's] lien. (1) Real property. The 2 [mechanics'] liens on real property specified in this article may be 3 enforced against the property specified in the notice of lien and which 4 is subject thereto and against any person liable for the debt upon which 5 the lien is founded, as prescribed in article three of this chapter. 6 (2) Personal property. An employee's lien on personal property speci- 7 fied in this article may immediately be enforced against the property 8 through a foreclosure as prescribed in article nine of the uniform 9 commercial code, or upon judgment obtained by the employee, commissioner 10 of labor or attorney general of the state of New York, may be enforced 11 in any manner available to the judgment creditor pursuant to article 12 nine of the uniform commercial code or other applicable laws. 13 § 14. Section 26 of the lien law, as amended by chapter 373 of the 14 laws of 1977, is amended to read as follows: 15 § 26. Subordination of liens after agreement with owner. In case an 16 owner of real property shall execute to one or more persons, or a corpo- 17 ration, as trustee or trustees, a bond and mortgage or a note and mort- 18 gage affecting such property in whole or in part, or an assignment of 19 the moneys due or to become due under a contract for a building loan in 20 relation to such property, and in case such mortgage, if any, shall be 21 recorded in the office of the register of the county where such real 22 property is situated, or if such county has no register then in the 23 office of the clerk of such county, and in case such assignment, if any, 24 shall be filed in the office of the clerk of the county where such real 25 property is situated; and in case lienors having [mechanics'] liens 26 against said real property, notices of which have been filed up to and 27 not later than fifteen days after the recording of such mortgage or the 28 filing of such assignment, and which liens have not been discharged as 29 in this article provided, shall, to the extent of at least fifty-five 30 per centum of the aggregate amount for which such notices of liens have 31 been so filed, approve such bond and mortgage or such note and mortgage, 32 if any, and such assignment, if any, by an instrument or instruments in 33 writing, duly acknowledged and filed in the office of such county clerk, 34 then all mechanics' liens for labor performed or material furnished 35 prior to the recording of such mortgage or filing of such assignment, 36 whether notices thereof have been theretofore or are thereafter filed 37 and which have not been discharged as in this article provided, shall be 38 subordinate to the lien of such trust bond and mortgage or such trust 39 note and mortgage to the extent of the aggregate amount of all certif- 40 icates of interest therein issued by such trustee or trustees, or their 41 successors, for moneys loaned, materials furnished, labor performed and 42 any other indebtedness incurred after said trust mortgage shall have 43 been recorded, and for expenses in connection with said trust mortgage, 44 and shall also be subordinate to the lien of the bond and mortgage or 45 note and mortgage, given to secure the amount agreed to be advanced 46 under such contract for a building loan to the extent of the amount 47 which shall be advanced by the holder of such bond and mortgage or such 48 note and mortgage to the trustee or trustees, or their successors, under 49 such assignment. The provisions of this section shall apply to all bonds 50 and mortgages and notes and mortgages and all assignments of moneys due, 51 or to become due under building loan contracts executed by such owner, 52 in like manner, and recorded or filed, from time to time as hereinbefore 53 provided. In case of an assignment to trustees under the provisions of 54 this section, the trustees and their successors shall be the agents of 55 the assignor to receive and receipt for any and all sums advanced by the 56 holder of the building loan bond and mortgage or the building loan noteA. 486--A 12 1 and mortgage under the building loan contract and such assignment. No 2 lienor shall have any priority over the bond and mortgage or note and 3 mortgage given to secure the money agreed to be advanced under a build- 4 ing loan contract or over the advances made thereunder, by reason of any 5 act preceding the making and approval of such assignment. 6 § 15. Section 38 of the lien law, as amended by chapter 859 of the 7 laws of 1930, is amended to read as follows: 8 § 38. Itemized statement may be required of lienor. A lienor who has 9 filed a notice of mechanic's lien shall, on demand in writing, deliver 10 to the owner or contractor making such demand a statement in writing 11 which shall set forth the items of labor and/or material and the value 12 thereof which make up the amount for which he claims a lien, and which 13 shall also set forth the terms of the contract under which such items 14 were furnished. The statement shall be verified by the lienor or his 15 agent in the form required for the verification of notices in section 16 nine of this [chapter] article. If the lienor shall fail to comply with 17 such a demand within five days after the same shall have been made by 18 the owner or contractor, or if the lienor delivers an insufficient 19 statement, the person aggrieved may petition the supreme court of this 20 state or any justice thereof, or the county court of the county where 21 the premises are situated, or the county judge of such county for an 22 order directing the lienor within a time specified in the order to 23 deliver to the petitioner the statement required by this section. Two 24 days' notice in writing of such application shall be served upon the 25 lienor. Such service shall be made in the manner provided by law for the 26 personal service of a summons. The court or a justice or judge thereof 27 shall hear the parties and upon being satisfied that the lienor has 28 failed, neglected or refused to comply with the requirements of this 29 section shall have an appropriate order directing such compliance. In 30 case the lienor fails to comply with the order so made within the time 31 specified, then upon five days' notice to the lienor, served in the 32 manner provided by law for the personal service of a summons, the court 33 or a justice or judge thereof may make an order cancelling the lien. 34 § 16. Section 39 of the lien law, as added by chapter 859 of the laws 35 of 1930, is amended to read as follows: 36 § 39. Lien wilfully exaggerated is void. In any action or proceeding 37 to enforce a [mechanic's] lien upon a private or public improvement or 38 in which the validity of the lien is an issue, if the court shall find 39 that a lienor has wilfully exaggerated the amount for which he claims a 40 lien as stated in his notice of lien, his lien shall be declared to be 41 void and no recovery shall be had thereon. No such lienor shall have a 42 right to file any other or further lien for the same claim. A second or 43 subsequent lien filed in contravention of this section may be vacated 44 upon application to the court on two days' notice. 45 § 17. Section 40 of the lien law, as amended by chapter 515 of the 46 laws of 1929, is amended to read as follows: 47 § 40. Construction of article. This article is to be construed in 48 connection with article two of this chapter, and provides proceedings 49 for the enforcement of employee's liens on real property, as well as 50 liens for labor performed and materials furnished in the improvement of 51 real property, created by virtue of such article. 52 § 18. Section 41 of the lien law, as amended by chapter 807 of the 53 laws of 1952, is amended to read as follows: 54 § 41. Enforcement of mechanic's or employee's lien on real property. A 55 mechanic's lien or employee's lien on real property may be enforced 56 against such property, and against a person liable for the debt uponA. 486--A 13 1 which the lien is founded, by an action, by the lienor, his assignee or 2 legal representative, in the supreme court or in a county court other- 3 wise having jurisdiction, regardless of the amount of such debt, or in a 4 court which has jurisdiction in an action founded on a contract for a 5 sum of money equivalent to the amount of such debt. 6 § 19. Section 43 of the lien law, as amended by chapter 310 of the 7 laws of 1962, is amended to read as follows: 8 § 43. Action in a court of record; consolidation of actions. The 9 provisions of the real property actions and proceedings law relating to 10 actions for the foreclosure of a mortgage upon real property, and the 11 sale and the distribution of the proceeds thereof apply to actions in a 12 court of record, to enforce mechanics' liens and employees' liens on 13 real property, except as otherwise provided in this article. If actions 14 are brought by different lienors in a court of record, the court in 15 which the first action was brought, may, upon its own motion, or upon 16 the application of any party in any of such actions, consolidate all of 17 such actions. 18 § 20. Section 46 of the lien law, as amended by chapter 515 of the 19 laws of 1929, is amended to read as follows: 20 § 46. Action in a court not of record. If an action to enforce a 21 mechanic's lien or employee's lien against real property is brought in a 22 court not of record, it shall be commenced by the personal service upon 23 the owner of a summons and complaint verified in the same manner as a 24 complaint in an action in a court of record. The complaint must set 25 forth substantially the facts contained in the notice of lien, and the 26 substance of the agreement under which the labor was performed or the 27 materials were furnished, or if the lien is based upon a wage claim as 28 defined in section two of this chapter, the basis for such wage claim. 29 The form and contents of the summons shall be the same as provided by 30 law for the commencement of an action upon a contract in such court. The 31 summons must be returnable not less than twelve nor more than twenty 32 days after the date of the summons, or if service is made by publica- 33 tion, after the day of the last publication of the summons. Service 34 must be made at least eight days before the return day. 35 § 21. Section 50 of the lien law, as amended by chapter 515 of the 36 laws of 1929, is amended to read as follows: 37 § 50. Execution. Execution may be issued upon a judgment obtained in 38 an action to enforce a mechanic's lien or an employee's lien against 39 real property in a court not of record, which shall direct the officer 40 to sell the title and interest of the owner in the premises, upon which 41 the lien set forth in the complaint existed at the time of filing the 42 notice of lien. 43 § 22. Section 53 of the lien law, as amended by chapter 515 of the 44 laws of 1929, is amended to read as follows: 45 § 53. Costs and disbursements. If an action is brought to enforce a 46 mechanic's lien or an employee's lien against real property in a court 47 of record, the costs and disbursements shall rest in the discretion of 48 the court, and may be awarded to the prevailing party. The judgment 49 rendered in such an action shall include the amount of such costs and 50 specify to whom and by whom the costs are to be paid. If such action is 51 brought in a court not of record, they shall be the same as allowed in 52 civil actions in such court. The expenses incurred in serving the 53 summons by publication may be added to the amount of costs now allowed 54 in such court. 55 § 23. Section 59 of the lien law, as amended by chapter 515 of the 56 laws of 1929, is amended to read as follows:A. 486--A 14 1 § 59. Vacating of a [mechanic's] lien; cancellation of bond; return of 2 deposit, by order of court. 1. A mechanic's lien notice of which has 3 been filed on real property or a bond given to discharge the same may be 4 vacated and cancelled or a deposit made to discharge a lien pursuant to 5 section twenty of this chapter may be returned, by an order of a court 6 of record. Before such order shall be granted, a notice shall be served 7 upon the lienor, either personally or by leaving it as his last known 8 place of residence, with a person of suitable age, with directions to 9 deliver it to the lienor. Such notice shall require the lienor to 10 commence an action to enforce the lien, within a time specified in the 11 notice, not less than thirty days from the time of service, or show 12 cause at a special term of a court of record, or at a county court, in a 13 county in which the property is situated, at a time and place specified 14 therein, why the notice of lien filed or the bond given should not be 15 vacated and cancelled, or the deposit returned, as the case may be. 16 Proof of such service and that the lienor has not commenced the action 17 to foreclose such lien, as directed in the notice, shall be made by 18 affidavit, at the time of applying for such order. 19 2. An employee's lien notice of which has been filed on real property 20 or a bond given to discharge the same may be vacated and cancelled or a 21 deposit made to discharge a lien pursuant to section twenty of this 22 chapter may be returned, by an order of a court of record. Before such 23 order shall be granted, a notice shall be served upon the lienor, either 24 personally or by leaving it at his last known place of residence or 25 attorney's place of business, with a person of suitable age, with 26 directions to deliver it to the lienor. Such notice shall require the 27 lienor to commence an action to enforce the lien, or to commence an 28 action to obtain judgment on the wage claim upon which the lien was 29 established, within a time specified in the notice, not less than ninety 30 days from the time of service, or show cause at a special term of a 31 court of record, or at a county court, in a county in which the property 32 is situated, at a time and place specified therein, why the notice of 33 lien filed or the bond given should not be vacated and cancelled, or the 34 deposit returned, as the case may be. Proof of such service and that the 35 lienor has not commenced the action to foreclose such lien or an action 36 to obtain judgment on the wage claim upon which the lien was estab- 37 lished, as directed in the notice, shall be made by affidavit, at the 38 time of applying for such order. 39 § 24. Section 62 of the lien law, as amended by chapter 697 of the 40 laws of 1934, is amended to read as follows: 41 § 62. Bringing in new parties. A lienor who has filed a notice of lien 42 after the commencement of an action in a court of record to foreclose or 43 enforce an employee's lien or a mechanic's lien against real property or 44 a public improvement, may at any time up to and including the day 45 preceding the day on which the trial of such action is commenced, make 46 application upon notice to the plaintiff or his attorney in such action, 47 to be made a party therein. Upon good cause shown, the court must order 48 such lienor to be brought in by amendment. If the application is made by 49 any other party in said action to make such lienor or other person a 50 party, the court may in its discretion direct such lienor or other 51 person to be brought in by like amendment. The order to be entered on 52 such application shall provide the time for and manner of serving the 53 pleading of such additional lienor or other person and shall direct that 54 the pleadings, papers and proceedings of the other several parties in 55 such action, shall be deemed amended, so as not to require the making or 56 serving of papers other than said order to effectuate such amendment,A. 486--A 15 1 and shall further provide that the allegations in the answer of such 2 additional lienor or other person shall, for the purposes of the action, 3 be deemed denied by the other parties therein. The action shall be so 4 conducted by the court as not to cause substantially any delay in the 5 trial thereof. The bringing in of such additional lienor or other 6 person shall be without prejudice to the proceedings had, and if the 7 action be on the calendar of the court, same shall retain its place on 8 such calendar without the necessity of serving a new note of issue and 9 new notices of trial. 10 § 25. Subdivision 3 of section 199-a of the labor law, as amended by 11 chapter 564 of the laws of 2010, is amended to read as follows: 12 3. Each employee and his or her authorized representative shall be 13 notified in writing, of the termination of the commissioner's investi- 14 gation of the employee's complaint and the result of such investigation, 15 of any award and collection of back wages and civil penalties, and of 16 any intent to seek criminal penalties. In the event that criminal penal- 17 ties are sought the employee and his or her authorized representative 18 shall be notified of the outcome of prosecution. 19 § 26. Subdivision 2 of section 663 of the labor law, as amended by 20 chapter 564 of the laws of 2010, is amended to read as follows: 21 2. By commissioner. On behalf of any employee paid less than the wage 22 to which the employee is entitled under the provisions of this article, 23 the commissioner may bring any legal action necessary, including admin- 24 istrative action, to collect such claim, and the employer shall be 25 required to pay the full amount of the underpayment, plus costs, and 26 unless the employer proves a good faith basis to believe that its under- 27 payment was in compliance with the law, an additional amount as liqui- 28 dated damages. Liquidated damages shall be calculated by the commission- 29 er as no more than one hundred percent of the total amount of 30 underpayments found to be due the employee. In any action brought by the 31 commissioner in a court of competent jurisdiction, liquidated damages 32 shall be calculated as an amount equal to one hundred percent of under- 33 payments found to be due the employee. Each employee or his or her 34 authorized representative shall be notified in writing of the outcome of 35 any legal action brought on the employee's behalf pursuant to this 36 section. 37 § 27. Subdivision 5 of section 6201 of the civil practice law and 38 rules, as amended by chapter 860 of the laws of 1977 and as renumbered 39 by chapter 618 of the laws of 1992, is amended and a new subdivision 6 40 is added to read as follows: 41 5. the cause of action is based on a judgment, decree or order of a 42 court of the United States or of any other court which is entitled to 43 full faith and credit in this state, or on a judgment which qualifies 44 for recognition under the provisions of article 53[.] of this chapter; 45 or 46 6. the cause of action is based on wage claims. "Wage claims," when 47 used in this chapter, shall include any claims of violations of articles 48 five, six, and nineteen of the labor law, section two hundred fifteen of 49 the labor law, and the related regulations or wage orders promulgated by 50 the commissioner of labor, including but not limited to any claims of 51 unpaid, minimum, overtime, and spread-of-hours pay, unlawfully retained 52 gratuities, unlawful deductions from wages, unpaid commissions, unpaid 53 benefits and wage supplements, and retaliation, and any claims pursuant 54 to 18 U.S.C. § 1595, 29 U.S.C. § 201 et seq., and/or employment contract 55 as well as the concomitant liquidated damages and penalties authorizedA. 486--A 16 1 pursuant to the labor law, the Fair Labor Standards Act, or any employ- 2 ment contract. 3 § 28. Section 6210 of the civil practice law and rules, as added by 4 chapter 860 of the laws of 1977, is amended to read as follows: 5 § 6210. Order of attachment on notice; temporary restraining order; 6 contents. Upon a motion on notice for an order of attachment, the court 7 may, without notice to the defendant, grant a temporary restraining 8 order prohibiting the transfer of assets by a garnishee as provided in 9 subdivision (b) of section 6214. When attachment is sought pursuant to 10 subdivision six of section 6201, and if the employer contests the 11 motion, the court shall hold a hearing within ten days of when the 12 employer's response to plaintiffs' motion for attachment is due. The 13 contents of the order of attachment granted pursuant to this section 14 shall be as provided in subdivision (a) of section 6211. 15 § 29. Subdivision (b) of section 6211 of the civil practice law and 16 rules, as amended by chapter 566 of the laws of 1985, is amended to read 17 as follows: 18 (b) Confirmation of order. Except where an order of attachment is 19 granted on the ground specified in subdivision one or six of section 20 6201, an order of attachment granted without notice shall provide that 21 within a period not to exceed five days after levy, the plaintiff shall 22 move, on such notice as the court shall direct to the defendant, the 23 garnishee, if any, and the sheriff, for an order confirming the order of 24 attachment. Where an order of attachment without notice is granted on 25 the ground specified in subdivision one or six of section 6201, the 26 court shall direct that the statement required by section 6219 be served 27 within five days, that a copy thereof be served upon the plaintiff, and 28 the plaintiff shall move within ten days after levy for an order 29 confirming the order of attachment. If the plaintiff upon such motion 30 shall show that the statement has not been served and that the plaintiff 31 will be unable to satisfy the requirement of subdivision (b) of section 32 6223 until the statement has been served, the court may grant one exten- 33 sion of the time to move for confirmation for a period not to exceed ten 34 days. If plaintiff fails to make such motion within the required period, 35 the order of attachment and any levy thereunder shall have no further 36 effect and shall be vacated upon motion. Upon the motion to confirm, the 37 provisions of subdivision (b) of section 6223 shall apply. An order of 38 attachment granted without notice may provide that the sheriff refrain 39 from taking any property levied upon into his actual custody, pending 40 further order of the court. 41 § 30. Subdivisions (b) and (e) of rule 6212 of the civil practice law 42 and rules, subdivision (b) as separately amended by chapters 15 and 860 43 of the laws of 1977 and subdivision (e) as added by chapter 860 of the 44 laws of 1977, are amended to read as follows: 45 (b) Undertaking. [On] 1. Except where an order of attachment is sought 46 on the ground specified in subdivision six of section 6201, on a motion 47 for an order of attachment, the plaintiff shall give an undertaking, in 48 a total amount fixed by the court, but not less than five hundred 49 dollars, a specified part thereof conditioned that the plaintiff shall 50 pay to the defendant all costs and damages, including reasonable attor- 51 ney's fees, which may be sustained by reason of the attachment if the 52 defendant recovers judgment or if it is finally decided that the plain- 53 tiff was not entitled to an attachment of the defendant's property, and 54 the balance conditioned that the plaintiff shall pay to the sheriff all 55 of his allowable fees.A. 486--A 17 1 2. On a motion for an attachment pursuant to subdivision six of 2 section 6201, the court shall order that the plaintiff give an accessi- 3 ble undertaking of no more than five hundred dollars, or in the alterna- 4 tive, may waive the undertaking altogether. The attorney for the plain- 5 tiff shall not be liable to the sheriff for such fees. The surety on the 6 undertaking shall not be discharged except upon notice to the sheriff. 7 (e) Damages. [The] Except where an order of attachment is sought on 8 the ground specified in subdivision six of section 6201, the plaintiff 9 shall be liable to the defendant for all costs and damages, including 10 reasonable attorney's fees, which may be sustained by reason of the 11 attachment if the defendant recovers judgment, or if it is finally 12 decided that the plaintiff was not entitled to an attachment of the 13 defendant's property. Plaintiff's liability shall not be limited by the 14 amount of the undertaking. 15 § 31. Section 6223 of the civil practice law and rules, as amended by 16 chapter 860 of the laws of 1977, is amended to read as follows: 17 § 6223. Vacating or modifying attachment. (a) Motion to vacate or 18 modify. Prior to the application of property or debt to the satisfac- 19 tion of a judgment, the defendant, the garnishee or any person having an 20 interest in the property or debt may move, on notice to each party and 21 the sheriff, for an order vacating or modifying the order of attachment. 22 Upon the motion, the court may give the plaintiff a reasonable opportu- 23 nity to correct any defect. [If] Except as provided under subdivision 24 (b), if, after the defendant has appeared in the action, the court 25 determines that the attachment is unnecessary to the security of the 26 plaintiff, it shall vacate the order of attachment. Such a motion shall 27 not of itself constitute an appearance in the action. 28 (b) Burden of proof. [Upon] Except where an order of attachment is 29 granted pursuant to subdivision six of section 6201, upon a motion to 30 vacate or modify an order of attachment the plaintiff shall have the 31 burden of establishing the grounds for the attachment, the need for 32 continuing the levy and the probability that he will succeed on the 33 merits. Upon a motion to vacate or modify an order of attachment granted 34 pursuant to subdivision six of section 6201, the defendant shall have 35 the burden to demonstrate that the attachment is unnecessary to the 36 security of the plaintiff, in order to vacate or modify the attachment 37 order. 38 § 32. Paragraph (b) of section 624 of the business corporation law, as 39 amended by chapter 449 of the laws of 1997, is amended to read as 40 follows: 41 (b) Any person who shall have been a shareholder of record of a corpo- 42 ration, or who is or shall have been a laborer, servant or employee, 43 upon at least five days' written demand shall have the right to examine 44 in person or by agent or attorney, during usual business hours, its 45 minutes of the proceedings of its shareholders and record of sharehold- 46 ers and to make extracts therefrom for any purpose reasonably related to 47 such person's interest as a shareholder, laborer, servant or employee. 48 Holders of voting trust certificates representing shares of the corpo- 49 ration shall be regarded as shareholders for the purpose of this 50 section. Any such agent or attorney shall be authorized in a writing 51 that satisfies the requirements of a writing under paragraph (b) of 52 section 609 (Proxies). A corporation requested to provide information 53 pursuant to this paragraph shall make available such information in 54 written form and in any other format in which such information is main- 55 tained by the corporation and shall not be required to provide such 56 information in any other format. If a request made pursuant to thisA. 486--A 18 1 paragraph includes a request to furnish information regarding beneficial 2 owners, the corporation shall make available such information in its 3 possession regarding beneficial owners as is provided to the corporation 4 by a registered broker or dealer or a bank, association or other entity 5 that exercises fiduciary powers in connection with the forwarding of 6 information to such owners. The corporation shall not be required to 7 obtain information about beneficial owners not in its possession. 8 § 33. Section 630 of the business corporation law, paragraph (a) as 9 amended by chapter 5 of the laws of 2016, paragraph (c) as amended by 10 chapter 746 of the laws of 1963, is amended to read as follows: 11 § 630. Liability of shareholders for wages due to laborers, servants or 12 employees. 13 (a) The ten largest shareholders, as determined by the fair value of 14 their beneficial interest as of the beginning of the period during which 15 the unpaid services referred to in this section are performed, of every 16 domestic corporation or of any foreign corporation, when the unpaid 17 services were performed in the state, no shares of which are listed on a 18 national securities exchange or regularly quoted in an over-the-counter 19 market by one or more members of a national or an affiliated securities 20 association, shall jointly and severally be personally liable for all 21 debts, wages or salaries due and owing to any of its laborers, servants 22 or employees other than contractors, for services performed by them for 23 such corporation. [Before such laborer, servant or employee shall charge24such shareholder for such services, he shall give notice in writing to25such shareholder that he intends to hold him liable under this section.26Such notice shall be given within one hundred and eighty days after27termination of such services, except that if, within such period, the28laborer, servant or employee demands an examination of the record of29shareholders under paragraph (b) of section 624 (Books and records;30right of inspection, prima facie evidence) of this article, such notice31may be given within sixty days after he has been given the opportunity32to examine the record of shareholders. An action to enforce such liabil-33ity shall be commenced within ninety days after the return of an34execution unsatisfied against the corporation upon a judgment recovered35against it for such services.] The provisions of this paragraph shall 36 not apply to an investment company registered as such under an act of 37 congress entitled "Investment Company Act of 1940." 38 (b) For the purposes of this section, wages or salaries shall mean all 39 compensation and benefits payable by an employer to or for the account 40 of the employee for personal services rendered by such employee includ- 41 ing any concomitant liquidated damages, penalties, interest, attorney's 42 fees or costs. These shall specifically include but not be limited to 43 salaries, overtime, vacation, holiday and severance pay; employer 44 contributions to or payments of insurance or welfare benefits; employer 45 contributions to pension or annuity funds; and any other moneys properly 46 due or payable for services rendered by such employee. 47 (c) A shareholder who has paid more than his pro rata share under this 48 section shall be entitled to contribution pro rata from the other share- 49 holders liable under this section with respect to the excess so paid, 50 over and above his pro rata share, and may sue them jointly or severally 51 or any number of them to recover the amount due from them. Such recov- 52 ery may be had in a separate action. As used in this paragraph, "pro 53 rata" means in proportion to beneficial share interest. Before a share- 54 holder may claim contribution from other shareholders under this para- 55 graph, he shall[, unless they have been given notice by a laborer, serv-56ant or employee under paragraph (a),] give them notice in writing thatA. 486--A 19 1 he intends to hold them so liable to him. Such notice shall be given by 2 him within twenty days after the date that [notice was given to him by] 3 he became aware that a laborer, servant or employee may seek to hold him 4 liable under paragraph (a). 5 § 34. Subdivision (c) of section 609 of the limited liability company 6 law, as added by chapter 537 of the laws of 2014, is amended to read as 7 follows: 8 (c) Notwithstanding the provisions of subdivisions (a) and (b) of this 9 section, the ten members with the largest percentage ownership interest, 10 as determined as of the beginning of the period during which the unpaid 11 services referred to in this section are performed, of every limited 12 liability company, shall jointly and severally be personally liable for 13 all debts, wages or salaries due and owing to any of its laborers, serv- 14 ants or employees, for services performed by them for such limited 15 liability company. [Before such laborer, servant or employee shall16charge such member for such services, he or she shall give notice in17writing to such member that he or she intends to hold such member liable18under this section. Such notice shall be given within one hundred eighty19days after termination of such services. An action to enforce such20liability shall be commenced within ninety days after the return of an21execution unsatisfied against the limited liability company upon a judg-22ment recovered against it for such services.] A member who has paid more 23 than his or her pro rata share under this section shall be entitled to 24 contribution pro rata from the other members liable under this section 25 with respect to the excess so paid, over and above his or her pro rata 26 share, and may sue them jointly or severally or any number of them to 27 recover the amount due from them. Such recovery may be had in a separate 28 action. As used in this subdivision, "pro rata" means in proportion to 29 percentage ownership interest. Before a member may claim contribution 30 from other members under this section, he or she shall give them notice 31 in writing that he or she intends to hold them so liable to him or her. 32 § 35. Section 1102 of the limited liability company law is amended by 33 adding a new subdivision (e) to read as follows: 34 (e) Any person who is or shall have been a laborer, servant or employ- 35 ee of a limited liability company, upon at least five days' written 36 demand shall have the right to examine in person or by agent or attor- 37 ney, during usual business hours, records described in paragraph two of 38 subdivision (a) of this section throughout the period of time during 39 which such laborer, servant or employee provided services to such compa- 40 ny. A company requested to provide information pursuant to this para- 41 graph shall make available such records in written form and in any other 42 format in which such information is maintained by the company and shall 43 not be required to provide such information in any other format. Upon 44 refusal by the company or by an officer or agent of the company to 45 permit an inspection of the records described in this paragraph, the 46 person making the demand for inspection may apply to the supreme court 47 in the judicial district where the office of the company is located, 48 upon such notice as the court may direct, for an order directing the 49 company, its members or managers to show cause why an order should not 50 be granted permitting such inspection by the applicant. Upon the return 51 day of the order to show cause, the court shall hear the parties summar- 52 ily, by affidavit or otherwise, and if it appears that the applicant is 53 qualified and entitled to such inspection, the court shall grant an 54 order compelling such inspection and awarding such further relief as to 55 the court may seem just and proper. If the applicant is found to be 56 qualified and entitled to such inspection, the company shall pay allA. 486--A 20 1 reasonable attorney's fees and costs of said applicant related to the 2 demand for inspection of the records. 3 § 36. This act shall take effect on the thirtieth day after it shall 4 have become a law. The procedures and rights created in this act may be 5 used by employees, laborers or servants in connection with claims for 6 liabilities that arose prior to the effective date.