S T A T E   O F   N E W   Y O R K
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                                  3513

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT  to amend the lien law, in relation to the right of professional
  surveyors to place liens on real property for performance of surveying
  services in the state of New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3 of the lien law, as amended by chapter 137 of the
laws of 1985, is amended to read as follows:
  S 3. Mechanic's lien on real property. 1. A contractor, subcontractor,
laborer, materialman, landscape gardener, nurseryman or person or corpo-
ration  selling  fruit  or ornamental trees, roses, shrubbery, vines and
small fruits, who performs labor or furnishes materials for the improve-
ment of real property with the consent or at the request  of  the  owner
thereof,  or  of  his OR HER agent, contractor or subcontractor, and any
trust fund to which benefits and wage supplements are due or payable for
the benefit of such laborers, shall have a lien for  the  principal  and
interest,  of  the  value, or the agreed price, of such labor, including
benefits and wage supplements due or payable  for  the  benefit  of  any
laborer,  or materials upon the real property improved or to be improved
and upon such improvement, from the time of filing a notice of such lien
as prescribed in this chapter. Where the contract for an improvement  is
made  with  a  husband  or wife and the property belongs to the other or
both, the husband or wife contracting shall also be presumed to  be  the
agent  of  the other, unless such other having knowledge of the improve-
ment shall, within ten days after learning  of  the  contract  give  the
contractor  written  notice  of  his  or  her  refusal to consent to the
improvement. Within the meaning of the provisions of this chapter, mate-
rials actually manufactured for but not delivered to the real  property,
shall also be deemed to be materials furnished.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05865-01-9

              

A. 3513                             2

  2. A LICENSED LAND SURVEYOR, WHO PERFORMS LABOR OR FURNISHES A SURVEY,
REPORT, PLAT OR PLAN OF REAL PROPERTY WITH THE CONSENT OR AT THE REQUEST
OF  THE OWNER THEREOF, OR OF HIS OR HER AGENT, CONTRACTOR OR SUBCONTRAC-
TOR, AND ANY TRUST FUND TO WHICH BENEFITS AND WAGE SUPPLEMENTS  ARE  DUE
OR  PAYABLE  FOR THE BENEFIT OF SUCH LABORERS, SHALL HAVE A LIEN FOR THE
PRINCIPAL AND INTEREST, OF THE VALUE, OR THE AGREED PRICE, OF SUCH LABOR
OR SURVEY, REPORT, PLAT OR PLAN OF REAL PROPERTY, INCLUDING BENEFITS AND
WAGE SUPPLEMENTS DUE OR PAYABLE FOR THE BENEFIT OF ANY LABORER, OR MATE-
RIALS UPON THE REAL PROPERTY SURVEYED, FROM THE TIME OF FILING A  NOTICE
OF  SUCH  LIEN  AS  PRESCRIBED IN THIS CHAPTER. WHERE THE CONTRACT FOR A
SURVEY, REPORT, PLAT OR PLAN IS MADE WITH A  HUSBAND  OR  WIFE  AND  THE
PROPERTY  BELONGS  TO THE OTHER OR BOTH, THE HUSBAND OR WIFE CONTRACTING
SHALL ALSO BE PRESUMED TO BE THE AGENT OF THE OTHER, UNLESS  SUCH  OTHER
HAVING  KNOWLEDGE  OF THE CONTRACT SHALL, WITHIN TEN DAYS AFTER LEARNING
OF THE CONTRACT GIVE THE CONTRACTOR WRITTEN NOTICE OF HIS OR HER REFUSAL
TO CONSENT TO THE SURVEY, REPORT, PLAT OR PLAN. WITHIN  THE  MEANING  OF
THE  PROVISIONS OF THIS CHAPTER, MATERIALS ACTUALLY MANUFACTURED FOR BUT
NOT DELIVERED TO THE REAL PROPERTY, SHALL ALSO BE DEEMED TO BE MATERIALS
FURNISHED.
  S 2. This act shall take effect immediately.