N.Y. LIE Law § 44

§ 44. Parties to an action in a court of record. In an action in a\ncourt of record to enforce a lien against real property or a public\nimprovement, the following are necessary parties defendant:\n 1. All lienors having liens notices of which have been filed against\nthe same real property or public improvement, or any part thereof, prior\nto the filing of the notice of lis pendens in such action, where by law\nthe filing of a notice of lis pendens is proper or required.\n 2. All persons having subsequent liens or claims against such real\nproperty, by judgment, mortgage or otherwise, filed, docketed or\nrecorded prior to the filing of the notice of lis pendens, where by law\nthe filing of a notice of lis pendens is proper or required.\n 3. All persons appearing by the records in the office of the county\nclerk or register to be owners of such real property or any part\nthereof.\n 4. Where by law, a notice of lis pendens may not be filed in such\naction, all lienors having liens notices of which have been filed\nagainst the same real property, and all persons having subsequent liens\nor claims against such real property, by judgment, mortgage or\notherwise.\n 5. Every defendant who is a lienor shall, by answer in the action, set\nforth his lien, or he will be deemed to have waived the same, unless the\nlien is admitted in the complaint, and not contested by another\ndefendant. The allegations is the answer of a defendant lienor shall be\ndeemed denied by the other lienors in said action without the necessity\nof serving replies. Two or more lienors having liens notices of which\nhave been filed against the same real property or public improvement, or\nany part thereof, may join as plaintiffs.\n 6. The state, when the lien is one filed against funds of the state\nfor which the public improvement is constructed or demolished. In such a\ncase, the summons must be served upon the attorney-general, who must\nappear in behalf of the people.\n