2022 New York Laws
LIE - Lien
Article 2 - Mechanics' Liens
4 - Extent of Lien.

Universal Citation: NY Lien L § 4 (2022)
§  4. Extent of lien. (1) Such lien shall extend to the owner's right,
title or interest in the real property and improvements, existing at the
time of filing the notice of lien, or  thereafter  acquired,  except  as
hereinafter  in  this article provided. If an owner assigns his interest
in such real property  by  a  general  assignment  for  the  benefit  of
creditors,  within  thirty  days  prior  to  such filing, the lien shall
extend to the interest thus assigned. If any part of the  real  property
subjected  to  such lien be removed by the owner or by any other person,
at any time before the discharge thereof, such removal shall not  affect
the  rights  of  the  lienor,  either  in  respect to the remaining real
property, or the  part  so  removed.  If  labor  is  performed  for,  or
materials   furnished   to,   a   contractor  or  subcontractor  for  an
improvement, the lien shall not be for a sum greater than the sum earned
and unpaid on the contract at the time of filing the notice of lien, and
any sum subsequently earned thereon. In  no  case  shall  the  owner  be
liable  to pay by reason of all liens created pursuant to this article a
sum greater than the value or agreed price of the  labor  and  materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.

(2) Such lien shall not extend to the owner's right, title or interest in real property and improvements, existing at the time of filing the notice of lien if such lien arises from the failure of a lessee of the right to explore, develop or produce natural gas or oil, to pay for, compensate or render value for improvements made with the consent or at the request of such lessee by a contractor, subcontractor, materialman, equipment operator or owner, landscaper, nurseryman, or person or corporation who performs labor or furnishes materials for the exploration, development, or production of oil or natural gas or otherwise improves such leased property. Such lien shall extend to the improvements made for the exploration, development and production of oil and natural gas, and the working interest held by a lessee of the right to explore, develop or produce oil and natural gas.

(3) Notwithstanding subdivision two if a property owner is also a developer of oil and gas resources and is a party to an agreement with a person or firm authorized to perfect a lien arising out of the failure of such developer to compensate or render value for improvements to the property upon which an oil or gas well is drilled or established, the lien shall extend to the owners' right or interest in such real property.

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