NY UCC § 9-109 (2021)
2021 New York Laws UCC - Uniform Commercial Code Article 9 - Secured Transactions Part 1 - General Provisions Sub Part 2 - Applicability of Article 9-109 - Scope

Section 9--109. Scope.  (a) General   scope  of  article.  Except  as  otherwise  provided  in subsections (c) and (d), this article applies to:       (1) a  transaction,  regardless  of  its  form,  that  creates  a            security   interest  in  personal  property  or  fixtures  by            contract;       (2) an agricultural lien;       (3) a sale of accounts, chattel paper,  payment  intangibles,  or            promissory notes;       (4) a consignment;       (5) a  security  interest  arising  under Section 2--401, 2--505,            2--711(3), or 2-A-508(5), as provided in Section 9--110;       (6) a security interest arising under Section 4--210  or  5--118;            and       (7) a security interest in a cooperative interest.  (b) Security  interest  in secured obligation. The application of this article to a security interest in a secured obligation is  not  affected by  the  fact  that the obligation is itself secured by a transaction or interest to which this article does not apply.  (c) Extent to which article does not  apply.  This  article  does  not apply to the extent that:       (1) a  statute,  regulation,  or  treaty  of  the  United  States            preempts this article;       (2) another statute of this State expressly governs the creation,            perfection, priority, or enforcement of a  security  interest            created by this state or a governmental unit of this state;       (3) a   statute  of  another  state,  a  foreign  country,  or  a            governmental unit of another  state  or  a  foreign  country,            other   than  a  statute  generally  applicable  to  security            interests, expressly governs creation, perfection,  priority,            or  enforcement  of a security interest created by the state,            country, or governmental unit; or       (4) the rights of a transferee beneficiary  or  nominated  person            under  a  letter of credit are independent and superior under            Section 5--114.  (d) Inapplicability of article. This article does not apply to:       (1) a landlord's lien, other than  an  agricultural  lien,  or  a            security interest in a cooperative interest;       (2) a  lien, other than an agricultural lien, given by statute or            other rule of law for  services  or  materials,  but  Section            9--333 applies with respect to priority of the lien;       (3) an  assignment  of  a  claim  for  wages,  salary,  or  other            compensation of an employee;       (4) a sale of accounts, chattel paper,  payment  intangibles,  or            promissory  notes  as  part  of a sale of the business out of            which they arose;       (5) an   assignment   of   accounts,   chattel   paper,   payment            intangibles,  or promissory notes which is for the purpose of            collection only;       (6) an assignment of a right to payment under a  contract  to  an            assignee   that  is  also  obligated  to  perform  under  the            contract;       (7) an assignment of a single  account,  payment  intangible,  or            promissory   note   to   an   assignee  in  full  or  partial            satisfaction of a preexisting indebtedness;       (8) a transfer of an interest in or  an  assignment  of  a  claim            under  a  policy  of  insurance  or  contract  for an annuity            including a variable annuity other than an assignment  by  or             to   a   health-care   provider  of  a  health-care-insurance            receivable and any subsequent  assignment  of  the  right  to            payment, but Sections 9--315 and 9--322 apply with respect to            proceeds and priorities in proceeds;       (9) an  assignment  of  a  right represented by a judgment, other            than a  judgment  taken  on  a  right  to  payment  that  was            collateral;       (10) a right of recoupment or set-off, but:           (A) Section  9--340 applies with respect to the effectiveness                of  rights  of  recoupment  or  set-off  against  deposit                accounts; and           (B) Section 9--404 applies with respect to defenses or claims                of an account debtor;       (11) the  creation  or transfer of an interest in or lien on real             property, including a lease or rents thereunder,  except  to             the extent that provision is made for:           (A) liens on real property in Section 9--203 and 9--308;           (B) fixtures in Section 9--334;           (C) fixture  filings  in  Sections  9--501,  9--502,  9--512,                9--516, and 9--519;           (D) security agreements covering personal and  real  property                in Section 9--604; and           (E) security interests in cooperative interests;       (12) an  assignment  of  a  claim  arising  in tort, other than a             commercial tort claim, but Sections 9--315 and 9--322  apply             with respect to proceeds and priorities in proceeds; or       (13) an   assignment   of   a   deposit  account  in  a  consumer             transaction, but  Sections  9--315  and  9--322  apply  with             respect to proceeds and priorities in proceeds.