State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 15

§  15.  Assignments  of  contracts  and  orders  to  be  filed.  1. No  assignment of one or more contracts for the performance of labor or  the  furnishing  of  materials for the improvement of real property or of the  money or any part thereof due or to become due therefor,  nor  an  order  drawn  by  a  contractor  upon  the  owner of such real property for the  payment of such money, nor an order drawn  by  a  subcontractor  upon  a  contractor  or  subcontractor for such payment, nor an order drawn by an  owner upon the maker of a building loan, nor an assignment of moneys due  or to grow due under a building loan contract, shall operate  to  reduce  the  lien of a subcontractor, laborer or materialman, except as provided  in sections thirteen and twenty-six of this chapter; nor shall any  such  assignment  or  order  be  valid  for  any  purpose, unless a "Notice of  Assignment" meeting the requirements of subdivision two of this  section  or  the  contract  (other  than a building loan contract) or a statement  containing the substance thereof and such assignment or a copy  of  each  or a copy of such order, be filed within ten days after the date of such  assignment  or  such  order,  in  the office of the county clerk of each  county wherein real property improved or to be  improved  to  which  the  assignment  or  order  relates  is situated and such assignment or order  shall have effect and be enforceable from the time of such  filing,  and  no such assignment or order shall have any validity until the same shall  have  been so filed, and every such assignment or order, not filed shall  be absolutely void as against a subsequent assignee in  good  faith  and  for  valuable  consideration,  whose  assignment  or order is first duly  filed. Such clerk shall enter the facts relating to such  assignment  or  order  in  the "lien docket" or in another book provided by him for such  purpose. Each such assignment shall  be  indexed  by  the  name  of  the  assignor and each such order shall be indexed by the name of the drawer.    2.  A "Notice of Assignment" filed pursuant to subdivision one of this  section shall be used only in the  case  of  money  advanced  or  to  be  advanced  to a contractor or subcontractor upon the assignment of one or  more contracts for  the  performance  of  labor  or  the  furnishing  of  materials  for  the improvement of real property, or of the money or any  part thereof due or to  become  due  therefor.  The  said  notice  shall  contain  (a)  the  names and addresses of the assignor and assignee, (b)  the date of the assignment, and the date the assignment will  terminate,  which  termination  date shall not be more than two years after the date  of the assignment, (c) the maximum balance of advances outstanding to be  secured by the assignment, (d) a statement of each  county  wherein  the  real  property  involved in the contracts is or may be situated, and (e)  either a specific description  of  the  substance  of  the  contract  or  contracts  assigned,  including  an  identification of the real property  involved in each such contract,  or  a  statement  that  the  assignment  covers  all  or a specified class of the assignor's accounts or contract  rights. If the contract or contracts assigned are described specifically  the real property identification shall be sufficient if it includes  the  name  of  the record owner and the location of the real estate by street  and number and town or city or, if the real estate is in the city of New  York, by county, except that if the real estate is in the  city  of  New  York  or  counties  of  Nassau  or  Onondaga,  where the block system of  recording or registering and indexing conveyances is in use, the  notice  must also specify the block in which the real estate is situated.    3.  A  "Notice  of  Assignment"  may be continued in effect beyond the  stated termination date  by  filing  within  sixty  days  prior  to  the  termination  date  a  subsequent "Notice of Assignment" entitled "Second  Notice of Assignment" or "Third Notice of Assignment", which  identifies  the  prior  "Notice  of  Assignment"  to  which it relates and otherwise  conforms to the requirements of subdivision two of this section.4. The term "Notice of Assignment" as used in  this  section  includes  any  amendments  but  if  any  amendment extends the assignment to cover  additional contracts it is effective as to the added contracts only from  the date of the filing.

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 15

§  15.  Assignments  of  contracts  and  orders  to  be  filed.  1. No  assignment of one or more contracts for the performance of labor or  the  furnishing  of  materials for the improvement of real property or of the  money or any part thereof due or to become due therefor,  nor  an  order  drawn  by  a  contractor  upon  the  owner of such real property for the  payment of such money, nor an order drawn  by  a  subcontractor  upon  a  contractor  or  subcontractor for such payment, nor an order drawn by an  owner upon the maker of a building loan, nor an assignment of moneys due  or to grow due under a building loan contract, shall operate  to  reduce  the  lien of a subcontractor, laborer or materialman, except as provided  in sections thirteen and twenty-six of this chapter; nor shall any  such  assignment  or  order  be  valid  for  any  purpose, unless a "Notice of  Assignment" meeting the requirements of subdivision two of this  section  or  the  contract  (other  than a building loan contract) or a statement  containing the substance thereof and such assignment or a copy  of  each  or a copy of such order, be filed within ten days after the date of such  assignment  or  such  order,  in  the office of the county clerk of each  county wherein real property improved or to be  improved  to  which  the  assignment  or  order  relates  is situated and such assignment or order  shall have effect and be enforceable from the time of such  filing,  and  no such assignment or order shall have any validity until the same shall  have  been so filed, and every such assignment or order, not filed shall  be absolutely void as against a subsequent assignee in  good  faith  and  for  valuable  consideration,  whose  assignment  or order is first duly  filed. Such clerk shall enter the facts relating to such  assignment  or  order  in  the "lien docket" or in another book provided by him for such  purpose. Each such assignment shall  be  indexed  by  the  name  of  the  assignor and each such order shall be indexed by the name of the drawer.    2.  A "Notice of Assignment" filed pursuant to subdivision one of this  section shall be used only in the  case  of  money  advanced  or  to  be  advanced  to a contractor or subcontractor upon the assignment of one or  more contracts for  the  performance  of  labor  or  the  furnishing  of  materials  for  the improvement of real property, or of the money or any  part thereof due or to  become  due  therefor.  The  said  notice  shall  contain  (a)  the  names and addresses of the assignor and assignee, (b)  the date of the assignment, and the date the assignment will  terminate,  which  termination  date shall not be more than two years after the date  of the assignment, (c) the maximum balance of advances outstanding to be  secured by the assignment, (d) a statement of each  county  wherein  the  real  property  involved in the contracts is or may be situated, and (e)  either a specific description  of  the  substance  of  the  contract  or  contracts  assigned,  including  an  identification of the real property  involved in each such contract,  or  a  statement  that  the  assignment  covers  all  or a specified class of the assignor's accounts or contract  rights. If the contract or contracts assigned are described specifically  the real property identification shall be sufficient if it includes  the  name  of  the record owner and the location of the real estate by street  and number and town or city or, if the real estate is in the city of New  York, by county, except that if the real estate is in the  city  of  New  York  or  counties  of  Nassau  or  Onondaga,  where the block system of  recording or registering and indexing conveyances is in use, the  notice  must also specify the block in which the real estate is situated.    3.  A  "Notice  of  Assignment"  may be continued in effect beyond the  stated termination date  by  filing  within  sixty  days  prior  to  the  termination  date  a  subsequent "Notice of Assignment" entitled "Second  Notice of Assignment" or "Third Notice of Assignment", which  identifies  the  prior  "Notice  of  Assignment"  to  which it relates and otherwise  conforms to the requirements of subdivision two of this section.4. The term "Notice of Assignment" as used in  this  section  includes  any  amendments  but  if  any  amendment extends the assignment to cover  additional contracts it is effective as to the added contracts only from  the date of the filing.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 15

§  15.  Assignments  of  contracts  and  orders  to  be  filed.  1. No  assignment of one or more contracts for the performance of labor or  the  furnishing  of  materials for the improvement of real property or of the  money or any part thereof due or to become due therefor,  nor  an  order  drawn  by  a  contractor  upon  the  owner of such real property for the  payment of such money, nor an order drawn  by  a  subcontractor  upon  a  contractor  or  subcontractor for such payment, nor an order drawn by an  owner upon the maker of a building loan, nor an assignment of moneys due  or to grow due under a building loan contract, shall operate  to  reduce  the  lien of a subcontractor, laborer or materialman, except as provided  in sections thirteen and twenty-six of this chapter; nor shall any  such  assignment  or  order  be  valid  for  any  purpose, unless a "Notice of  Assignment" meeting the requirements of subdivision two of this  section  or  the  contract  (other  than a building loan contract) or a statement  containing the substance thereof and such assignment or a copy  of  each  or a copy of such order, be filed within ten days after the date of such  assignment  or  such  order,  in  the office of the county clerk of each  county wherein real property improved or to be  improved  to  which  the  assignment  or  order  relates  is situated and such assignment or order  shall have effect and be enforceable from the time of such  filing,  and  no such assignment or order shall have any validity until the same shall  have  been so filed, and every such assignment or order, not filed shall  be absolutely void as against a subsequent assignee in  good  faith  and  for  valuable  consideration,  whose  assignment  or order is first duly  filed. Such clerk shall enter the facts relating to such  assignment  or  order  in  the "lien docket" or in another book provided by him for such  purpose. Each such assignment shall  be  indexed  by  the  name  of  the  assignor and each such order shall be indexed by the name of the drawer.    2.  A "Notice of Assignment" filed pursuant to subdivision one of this  section shall be used only in the  case  of  money  advanced  or  to  be  advanced  to a contractor or subcontractor upon the assignment of one or  more contracts for  the  performance  of  labor  or  the  furnishing  of  materials  for  the improvement of real property, or of the money or any  part thereof due or to  become  due  therefor.  The  said  notice  shall  contain  (a)  the  names and addresses of the assignor and assignee, (b)  the date of the assignment, and the date the assignment will  terminate,  which  termination  date shall not be more than two years after the date  of the assignment, (c) the maximum balance of advances outstanding to be  secured by the assignment, (d) a statement of each  county  wherein  the  real  property  involved in the contracts is or may be situated, and (e)  either a specific description  of  the  substance  of  the  contract  or  contracts  assigned,  including  an  identification of the real property  involved in each such contract,  or  a  statement  that  the  assignment  covers  all  or a specified class of the assignor's accounts or contract  rights. If the contract or contracts assigned are described specifically  the real property identification shall be sufficient if it includes  the  name  of  the record owner and the location of the real estate by street  and number and town or city or, if the real estate is in the city of New  York, by county, except that if the real estate is in the  city  of  New  York  or  counties  of  Nassau  or  Onondaga,  where the block system of  recording or registering and indexing conveyances is in use, the  notice  must also specify the block in which the real estate is situated.    3.  A  "Notice  of  Assignment"  may be continued in effect beyond the  stated termination date  by  filing  within  sixty  days  prior  to  the  termination  date  a  subsequent "Notice of Assignment" entitled "Second  Notice of Assignment" or "Third Notice of Assignment", which  identifies  the  prior  "Notice  of  Assignment"  to  which it relates and otherwise  conforms to the requirements of subdivision two of this section.4. The term "Notice of Assignment" as used in  this  section  includes  any  amendments  but  if  any  amendment extends the assignment to cover  additional contracts it is effective as to the added contracts only from  the date of the filing.