Section 15. Assignments of contracts and orders to be filed  


Latest version.
  • 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.