2006 New York Code - Definitions

 
    §  2.  Definitions.  1.  Lienor.  The term "lienor," when used in this
  chapter, means any person having a lien upon property by virtue  of  its
  provisions, and includes his successor in interest.
    2. Real property. The term "real property," when used in this chapter,
  includes  real estate, lands, tenements and hereditaments, corporeal and
  incorporeal, fixtures, and all bridges and trestle work, and  structures
  connected  therewith,  erected  for the use of railroads, and all oil or
  gas wells and structures and fixtures connected therewith, and any lease
  of oil lands or other right to operate for the production of oil or  gas
  upon  such  lands,  and  the  right  of  franchise  granted  by a public
  corporation for the use of the streets or public places thereof, and all
  structures placed thereon for the use of such right or franchise.
    3. Owner. The term "owner," when used in this  chapter,  includes  the
  owner in fee of real property, or of a less estate therein, a lessee for
  a  term  of  years,  a  vendee  in  possession  under a contract for the
  purchase of such real property, and all persons having any right,  title
  or  interest in such real property, which may be sold under an execution
  in pursuance of the provisions of statutes relating to  the  enforcement
  of  liens  of  judgment,  and  all persons having any right or franchise
  granted by a public corporation to use the  streets  and  public  places
  thereof,  and any right, title or interest in and to such franchise. The
  purchaser of real property at a statutory  or  judicial  sale  shall  be
  deemed the owner thereof from the time of such sale. If the purchaser at
  such  sale  fails to complete the purchase, pursuant to the terms of the
  sale, all liens created by his consent after such sale shall be  a  lien
  on any deposit made by him and not on the real property sold.
    4.  Improvement.  The  term  "improvement," when used in this chapter,
  includes the demolition, erection, alteration or repair of any structure
  upon, connected with, or beneath the surface of, any real  property  and
  any  work  done  upon  such  property  or  materials  furnished  for its
  permanent improvement, and shall also include any work done or materials
  furnished in equipping any such structure with any chandeliers, brackets
  or other fixtures or apparatus for supplying gas or electric  light  and
  shall also include the drawing by any architect or engineer or surveyor,
  of any plans or specifications or survey, which are prepared for or used
  in  connection with such improvement and shall also include the value of
  materials actually manufactured  for  but  not  delivered  to  the  real
  property,  and  shall  also  include the reasonable rental value for the
  period of actual use of machinery, tools and equipment and the value  of
  compressed gases furnished for welding or cutting in connection with the
  demolition, erection, alteration or repair of any real property, and the
  value  of  fuel  and  lubricants  consumed by machinery operating on the
  improvement, or by motor vehicles owned, operated or controlled  by  the
  owner, or a contractor or subcontractor while engaged exclusively in the
  transportation  of materials to or from the improvement for the purposes
  thereof and shall also include the performance of real estate  brokerage
  services  in  obtaining  a lessee for a term of more than three years of
  all or any part of real property to be used for other  than  residential
  purposes  pursuant  to  a  written  contract  of brokerage employment or
  compensation.
    5. Cost of improvement. The term "cost of improvement," when  used  in
  this  chapter,  means  expenditures  incurred by the owner in paying the
  claims  of  a  contractor,  an  architect,  engineer  or   surveyor,   a
  subcontractor,  laborer and materialman, arising out of the improvement,
  and in paying the amount of  taxes  based  on  payrolls  including  such
  persons  and  withheld or required to be withheld and taxes based on the
  purchase price or  value  of  materials  or  equipment  required  to  be
  installed  or  furnished  in  connection  with  the  performance  of the
  improvement, payment of  taxes  and  unemployment  insurance  and  other
  contributions  due  by  reason  of  the employment out of which any such
  claim arose, and payment of any benefits  or  wage  supplements  or  the
  amounts  necessary to provide such benefits or furnish such supplements,
  to the extent that the owner,  as  employer,  is  obligated  to  pay  or
  provide  such  benefits  or furnish such supplements by any agreement to
  which he is a party, and shall also include  fair  and  reasonable  sums
  paid  for  obtaining building loan and subsequent financing, premiums on
  bond or bonds filed pursuant to section thirty-seven of this chapter  or
  required  by  any  such  building  loan  contract  or by any lease to be
  mortgaged  pursuant  thereto,  or  required  by  any  mortgage   to   be
  subordinated  to  the  building loan mortgage, premiums on bond or bonds
  filed to discharge liens, sums paid to take by assignment prior existing
  mortgages, which are consolidated with building loan mortgages and  also
  the interest charges on such mortgages, sums paid to discharge or reduce
  the  indebtedness under mortgages and accrued interest thereon and other
  encumbrances upon real estate existing prior to the time when  the  lien
  provided for in this chapter may attach, sums paid to discharge building
  loan  mortgages  whenever  recorded,  taxes, assessments and water rents
  existing prior to the commencement of the improvement,  and  also  those
  accruing  during the making of the improvement, and interest on building
  loan mortgages, ground rent and premiums on insurance likewise  accruing
  during the making of the improvement. The application of the proceeds of
  any  building loan mortgage or other mortgage to reimburse the owner for
  any payments made  for  any  of  the  above  mentioned  items  for  said
  improvement  prior to the date of the initial advance received under the
  building loan mortgage or other  mortgage  shall  be  deemed  to  be  an
  expenditure within the "cost of improvement" as above defined; provided,
  however, such payments are itemized in the building loan contract and/or
  other  mortgage  other  than  a  building  loan  mortgage,  and provided
  further, that the payments have been made subsequent to the commencement
  of the improvement.
    5-a. Benefits and  wage  supplements.  The  term  "benefits  and  wage
  supplements"  as  used  in  this  chapter  means  all  remuneration  for
  employment paid in any medium other  than  cash,  or  reimbursement  for
  expenses,  or  any  payments which are not "wages" within the meaning of
  the   law,   including,   but   not   limited   to,   health,   welfare,
  non-occupational  disability, retirement, vacation benefits, holiday pay
  and life insurance.
    6. Public corporation. The term "public  corporation,"  when  used  in
  this chapter, means a municipal corporation or a district corporation or
  a public benefit corporation as such corporations are defined in section
  three of the general corporation law.
    7.  Public  improvement.  The  term "public improvement," when used in
  this chapter, means an improvement of any real property belonging to the
  state or a public corporation; however, if the beneficial interest of an
  improvement is in an entity other than the state or a public corporation
  notwithstanding legal title being vested in  an  industrial  development
  agency  created  under  article eighteen-A of the general municipal law,
  then such  improvement  shall  be  considered  an  improvement  of  real
  property  subject  to  mechanics'  liens on real property as provided in
  section three of this chapter. Nothing contained in this  section  shall
  create  or  be  deemed  to  create  any  liability  upon  any industrial
  development agency for the payment of the cost of  any  improvement,  or
  otherwise.  For  the  purposes  of this subdivision the term "beneficial
  interest" shall mean  the  beneficial  incidents  of  ownership  of  the
  improvement  to include, but not be limited to, the right to possession,
  the right to claim tax benefits, if any, and the right  to  purchase  or
  secure  title  to  the  improvement pursuant to an executory contract of
  sale, option agreement or lease.
    8.  Improvement  of  real  property.  The  term  "improvement  of real
  property," when used in this chapter,  means  any  improvement  of  real
  property not belonging to the state or a public corporation.
    9. Contractor. The term "contractor," when used in this chapter, means
  a  person who enters into a contract with the owner of real property for
  the improvement thereof, or with the state or a public corporation for a
  public improvement.
    10. Subcontractor. The term "subcontractor" when used in this chapter,
  means a person who enters into a contract with a contractor and/or  with
  a subcontractor for the improvement of such real property or such public
  improvement  or  with  a  person who has contracted with or through such
  contractor for the performance of his contract or any part thereof.
    11. Laborer. The term "laborer," when used in this chapter, means  any
  person who performs labor or services upon such improvement.
    12.  Materialman.  The  term  "materialman" when used in this chapter,
  means any person who furnishes material or the use of machinery,  tools,
  or  equipment,  or  compressed  gases for welding or cutting, or fuel or
  lubricants for the operation of machinery or motor vehicles,  either  to
  an  owner,  contractor  or  subcontractor, for, or in the prosecution of
  such improvement.
    The  expression  "furnishes  material"  or  other  similar  expression
  wherever  used  in this chapter, shall be deemed to mean and include the
  reasonable rental value for the period of actual use of machinery, tools
  or equipment, and the value of compressed gases furnished for welding or
  cutting, and the value of fuel  and  lubricants  consumed  by  machinery
  operating  on, or by motor vehicles owned, operated or controlled by the
  owner, or a contractor or subcontractor while engaged exclusively in the
  transportation of materials to or from the improvement for the  purposes
  thereof.
    13.  Building  loan  contract. The term "building loan contract," when
  used in this chapter, means a contract whereby a party thereto, in  this
  chapter  termed  "lender," in consideration of the express promise of an
  owner to make an improvement upon real property, agrees to make advances
  to or for the account of such owner to be secured by a mortgage on  such
  real  property,  whether  such advances represent moneys to be loaned or
  represent moneys to be paid in purchasing from or in  selling  for  such
  owner  bonds  or  certificates  secured  by such mortgage upon such real
  property, providing, however, nothing herein contained shall  be  deemed
  to  construe as a building loan contract a preliminary application for a
  building loan made by  such  owner  and  accepted  by  such  lender  if,
  pursuant to such application and acceptance, a building loan contract is
  thereafter  entered  into  between the owner and the lender and filed as
  provided in section twenty-two of this chapter.
    14. Building loan mortgage. The term "building  loan  mortgage,"  when
  used  in this chapter, means a mortgage made pursuant to a building loan
  contract and includes an agreement wherein and whereby a  building  loan
  mortgage is consolidated with existing mortgages so as to constitute one
  lien upon the mortgaged property.
    15.  Subsequent financing. By the term "subsequent financing" is meant
  moneys borrowed upon the security of the improvement after the recording
  of a building loan contract and/or mortgage other than a  building  loan
  mortgage  upon  the premises to be improved and within four months after
  the completion thereof.
    16. Prior mortgage. By the term "prior mortgage" is meant  a  mortgage
  on  real property and/or leasehold recorded prior to the commencement of
  an improvement thereon.
    17. Consideration. The term "consideration" when used in this chapter,
  includes real property as defined in section two  hereof,  and  personal
  property  as  defined in section thirty-nine of the general construction
  law.
    18.  Advances. The term "advances" when used in this chapter, includes
  money, real property as defined in section two  hereof  and/or  personal
  property  as  defined in section thirty-nine of the general construction
  law.
    19. Funds. The term "funds" when used in this chapter, includes money,
  real property as defined in section two hereof and/or personal  property
  as defined in section thirty-nine of the general construction law.
    20. Persons. The term "persons" when used in this chapter, includes an
  individual, partnership, association, trust or corporation.