2013 New York Consolidated Laws
LIE - Lien
Article 2 - (3 - 39-C) MECHANICS' LIENS
39-C - Repossession of materials not used.

 
    §  39-c.  Repossession  of materials not used. If for any reason after
  the work of a private or  a  public  improvement  of  real  property  is
  abandoned  by  an  owner,  a  contractor  or  a subcontractor before the
  completion thereof by such owner, contractor or  subcontractor,  or  if,
  after  the same is completed, materials delivered are not used therefor,
  a person who has delivered materials for the improvement which have  not
  been  incorporated therein and for which he has not received payment may
  repossess and remove such materials; and thereupon he shall have no lien
  on the real property or improvements against persons secondarily liable,
  for the price thereof, but he shall have the same rights  in  regard  to
  the  materials as if he had never parted with the possession. This right
  to repossess and remove the materials shall not  be  affected  by  their
  sale,  encumbrance,  attachment,  or  transfer  from  the  site  of  the
  improvement, except that, if the materials have been so transferred, the
  right to repossess them shall not be effective as against a purchaser or
  encumbrancer thereof in good faith whose  interest  therein  shall  have
  arisen  since  such  transfer  from  the  site of the improvement, or as
  against  a  creditor  attaching  after  such  transfer.  The  right   to
  repossession  and  removal  given  by  this section shall extend only to
  materials whose purchase price does not exceed the amount remaining  due
  to  the  person  repossessing; but where materials have been partly paid
  for, the person delivering them may repossess them as  allowed  in  this
  section  on refunding the part of the purchase price which has been paid
  less the cost of removal.