Middletown Supply, Inc. v. S.M.K. Development Corp

In Middletown Supply, Inc. v. S.M.K. Development Corp. (75 Misc 2d 1087 [1976]) the court stated that Lien Law 44(3) "applies to an action in a court of record to enforce a lien against real property or a public improvement. Once the bond has been substituted for the real property, however, the attachment is to the new security and no longer to the property, and the persons who are required to be joined as parties defendant are governed by the provisions of [Lien Law 37(7)], which section does not include subsequent owners of the premises."