Bryant Equipment Corp. v. A-1 Moore Contracting Corp

In Bryant Equipment Corp. v. A-1 Moore Contracting Corp. (51 AD2d 792 [1976]) a bond had been filed pursuant to Lien Law 19(4), the Appellate Division, Second Department held Lien Law 44 inapplicable finding that the bond "has replaced the real property as the security to be attached and attacked" and thus Lien Law 44 relating to an action "to enforce a lien against real property" was not the relevant statute. Rather, in an action brought to foreclose the lien against the bond, Lien Law 37(7) supersedes Lien Law 44 in specifying the parties to be joined. Those parties to be joined as defendants include "the principal and surety on the bond, the contractor, and all claimants who have filed notices of claim", but not the owner of the real property. (Lien Law 37(7)).