Affidavit In Support Of Order Extending Mechanics Lien (Sample And Form)

[Fill in the spaces next to the instructions. Attach copies of the indicateddocuments and mark them as exhibits. Sign your name in the presence of anotary public]----------------------------------------------------------------------------xIn the Matter of the Application of[13. Index No. & Year] ,Index No. [14. Fill in name(s)] Plaintiff(s) / AFFIDAVIT IN SUPPORTOF ORDER EXTENDING to continue a Mechanic222s Lien against,MECHANIC222S LIEN ,[15. Fill in name(s)] As Owner, and ,[16. Fill in name(s)] As Contractor.-----------------------------------------------------------------------------xSTATE OF NEW YORK, COUNTY OF NASSAU, ss: I, [17. Your name] , being duly sworn,deposes and says: 1. On [18. Insert date of filing of notice of lien] , I causeda notice of mechanic222s lien to be duly filed in the Clerk of the County of Nassau againstcertain real property situated in the County of Nassau, further described on the tax map as [19. Insert Section Block & Lot of Property] Section(s) , Block(s) , Lot(s) more particularly described in the notice of lien, [20. Attach notice of lien as an Exhibit]a copy of which is annexed hereto and made a part of this proceeding, which notice was filed against the above named [21. Insert name of Owner] , as Owner of said property and [22. Insert Name of Contractor] ,as Contractor and said notice was duly docketed by the Clerk of the County of Nassau on[23. Insert date of docketing of original lien] . 2. Said notice of lien was filed within [24. Insert number of months] monthsafter the completion of said labor and the furnishing of said material mentioned in the lien.3.No action has been commenced or other proceedings taken to enforce said lien American LegalNet, Inc. www.FormsWorkFlow.com or the debt which said lien was filed to secure, against the aforementioned real property or against [25. Insert name of Owner] , as Owner of said property and [26. Insert Name of Contractor] , as Contractor, nor has saidlien been cancelled or otherwise discharged and the amount therein claimed is now due and payable from [27. Insert name of Owner] , and [28. Insert Name of Contractor] to deponent.4.No action has been taken to enforce said lien up to this time for the reason that the work has been taken over by[29. Insert New Contractor] and the entire work on the building has not yet been completed and it is impossible at thispoint to determine what amounts are due to lienor(s) until said work has been completed.5.No previous application for such an order has been made.6.Pursuant to 22 NYCRR 130-1.1-a, this is not a frivolous application.WHEREFORE, your deponent prays that an order be entered extending andcontinuing the aforementioned lien for a period of one year. [30. SIGN YOUR NAME BEFORE NOTARY] [31. PRINT YOUR NAME]Sworn to before me this day of , 20 Notary Public[32. Affidavit must be notarized] American LegalNet, Inc. www.FormsWorkFlow.com ----------------------------------------------------------------------------xIn the Matter of the Application of , [13. Index No. & Year]Index No. Plaintiff(s) / AFFIDAVIT IN SUPPORTOF ORDER EXTENDING to continue a Mechanic222s Lien against, MECHANIC222S LIEN ,As Owner, and ,As Contractor. , being duly sworn, -----------------------------------------------------------------------------xSTATE OF NEW YORK, COUNTY OF NASSAU, ss: 1.On , I causeda notice of mechanic222s lien to be duly filed the Clerk of the County of Nassau againstcertain real property situated in the County of Nassau, further described on the tax map asSection(s), Block(s), Lot(s)more particularly described in the notice of lien,a copy of which is annexed hereto and made a part of this proceeding, which notice was2.Said notice of lien was filed within monthsafter the completion ofsaid labor and the furnishing of said material mentioned in the lien.3.No action has been commenced or other proceedings taken to enforce said lien American LegalNet, Inc. www.FormsWorkFlow.com No previous application for such an order has been made.Pursuant to 22 NYCRR 130-1.1-a, this is not a frivolous application.WHEREFORE, your deponent prays that an order be entered extending and continuing the aforementioned lien for a period of one year. Sworn to before me this day of , 20 Notary Public otherwise discharged and the amount therein claimed is now due andpayable from andto deponent.4.No action has been taken to enforce said lien up to this time for the reasonthatthe work has been taken over by and the entire work on the building has not yet been completed and it is impossible at thispoint to determine what amounts are due to lienor(s) until said work has been completed. American LegalNet, Inc. www.FormsWorkFlow.com