NY UCC § 9-334 (2021)
2021 New York Laws UCC - Uniform Commercial Code Article 9 - Secured Transactions Part 3 - Perfection and Priority Sub Part 3 - Priority 9-334 - Priority of Security Interests in Fixtures and Crops

Section 9--334. Priority of Security Interests in Fixtures and Crops.  (a) Security  interest  in  fixtures  under  this  article. A security interest under this article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this article in  ordinary  building  materials  incorporated into an improvement on land.  (b) Security  interest  in  fixtures  under  real  property  law. This article does not prevent creation of an encumbrance upon fixtures  under real property law.  (c) General  rule:  subordination of security interest in fixtures. In cases not governed by subsections (d) through (h), a  security  interest in  fixtures is subordinate to a conflicting interest of an encumbrancer or owner of the related real property other than the debtor.  (d) Fixtures purchase-money priority. Except as otherwise provided  in subsection  (h),  a perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer  or  owner  of  the  real property  if the debtor has an interest of record in or is in possession of the real property and:       (1) the security interest is a purchase-money security interest;       (2) the interest of the encumbrancer or owner arises  before  the            goods become fixtures; and       (3) the security interest is perfected by a fixture filing before            the goods become fixtures or within 20 days thereafter.  (e) Priority  of  security interest in fixtures over interests in real property. A perfected security interest in fixtures has priority over  a conflicting  interest  of  an encumbrancer or owner of the real property if:       (1) the debtor has an interest of record in the real property  or            is  in  possession  of  the  real  property  and the security            interest:           (A) is perfected by a fixture filing before the  interest  of                the encumbrancer or owner is of record; and           (B) has   priority   over   any  conflicting  interest  of  a                predecessor in title of the encumbrancer or owner;       (2) before the goods become fixtures, the  security  interest  is            perfected  by  any  method  permitted by this article and the            fixtures are readily removable:           (A) factory or office machines;           (B) equipment that is not primarily used or leased for use in                the operation of the real property; or           (C) replacements of domestic  appliances  that  are  consumer                goods;       (3) the  conflicting  interest  is  a  lien  on the real property            obtained by legal or equitable proceedings after the security            interest was  perfected  by  any  method  permitted  by  this            article; or       (4) the security interest is:           (A) created  in  a  manufactured  home in a manufactured-home                transaction; and           (B) perfected pursuant to  a  statute  described  in  Section                9--311(a)(2).  (f) Priority  based  on  consent,  disclaimer,  or  right to remove. A security interest in fixtures, whether or not  perfected,  has  priority over  a  conflicting  interest  of  an encumbrancer or owner of the real property if:       (1) the encumbrancer or owner has, in  an  authenticated  record,            consented  to the security interest or disclaimed an interest            in the goods as fixtures; or       (2) the debtor has a right to remove the  goods  as  against  the            encumbrancer or owner.  (g) Continuation  of  paragraph  (f)(2)  priority. The priority of the security interest under paragraph (f)(2) continues for a reasonable time if the debtor's right to remove the goods as against the encumbrancer or owner terminates.  (h) Priority of construction mortgage. A mortgage  is  a  construction mortgage  to  the  extent that it secures an obligation incurred for the construction of an improvement on land, including the  acquisition  cost of  the  land, if a recorded record of the mortgage so indicates. Except as otherwise provided in subsections (e) and (f), a security interest in fixtures is subordinate to a construction mortgage if a  record  of  the mortgage  is  recorded  before  the  goods become fixtures and the goods become fixtures before the completion of the  construction.  A  mortgage has  this  priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.  (i) Priority of security  interest  in  crops.  A  perfected  security interest  in  crops  growing  on  real  property  has  priority  over  a conflicting interest of an encumbrancer or owner of the real property if the debtor has an interest of record in or is in possession of the  real property.  (j) Subsection   (i)   prevails.  Subsection  (i)  prevails  over  any inconsistent provisions with this article or any other chapter of law.