N.Y. Lien Law § 45

§ 45. Equities of lienors to be determined. The court may adjust and\ndetermine the equities of all the parties to the action and the order of\npriority of different liens, and determine all issues raised by any\ndefense or counterclaim in the action. But in no case shall the court\ndetermine any issue between the state and the contractor where a claim\nhas been or can be submitted to the court of claims for adjudication and\nin case a counterclaim is set forth by any defendant in his answer, such\ndefendant shall be deemed to have waived a trial by jury of the issues\nraised thereby.\n