NY Lien L § 2 (2021)
2021 New York Laws LIE - Lien Article 1 - Short Title; Definitions 2 - 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.