§ 3. Mechanic's lien on real property. A contractor, subcontractor,\nlaborer, materialman, landscape gardener, nurseryman or person or\ncorporation selling fruit or ornamental trees, roses, shrubbery, vines\nand small fruits, who performs labor or furnishes materials for the\nimprovement of real property with the consent or at the request of the\nowner thereof, or of his agent, contractor or subcontractor, and any\ntrust fund to which benefits and wage supplements are due or payable for\nthe benefit of such laborers, shall have a lien for the principal and\ninterest, of the value, or the agreed price, of such labor, including\nbenefits and wage supplements due or payable for the benefit of any\nlaborer, or materials upon the real property improved or to be improved\nand upon such improvement, from the time of filing a notice of such lien\nas prescribed in this chapter. Where the contract for an improvement is\nmade with a husband or wife and the property belongs to the other or\nboth, the husband or wife contracting shall also be presumed to be the\nagent of the other, unless such other having knowledge of the\nimprovement shall, within ten days after learning of the contract give\nthe contractor written notice of his or her refusal to consent to the\nimprovement. Within the meaning of the provisions of this chapter,\nmaterials actually manufactured for but not delivered to the real\nproperty, shall also be deemed to be materials furnished.\n
N.Y. Lien Law § 3
Mechanic's lien on real property
Applied in 13 court decisions — leading case DiSario v. Rynston (2016)
Most recently applied in Entech Eng'g, P.C. v. Dewberry Engrs. Inc. (April 2022)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.