§ 39-C — Repossession of materials not used

New York § 39-C

• Jurisdiction: New York
• Law LIE: Lien
• Art. 2: Mechanics' Liens

Text

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