Section 44-B. Necessary parties; lien against public or private improvement

Notwithstanding any inconsistent provision of section forty-four of this
  article,  any  private  owner  or the state or a public corporation with
  which a notice of lien is filed shall not be a necessary party defendant
  in an action to  enforce  the  lien  if,  either  before  or  after  the
  commencement  of  the  action, a contractor or subcontractor, (a) in the
  case of a  public  improvement,  executes  a  bond  or  undertaking,  in
  accordance  with subdivision five of section twenty-one of this chapter,
  to the state or the public corporation with which the notice of lien  is
  filed  conditioned for the payment of any judgment that may be recovered
  in an action to enforce the lien or,  (b)  in  the  case  of  a  private
  improvement,   executes   a  bond  or  undertaking  in  accordance  with
  subdivision four of section nineteen of  this  chapter,  to  the  county
  clerk with which the notice of lien is filed conditioned for the payment
  of any judgment that may be recovered in an action to enforce the lien.