N.Y. Laws » CHAPTER Lien / ARTICLE Mechanics' Liens
New York Consolidated Laws

N.Y. Lien Law § 4 (2026)

Extent of lien

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 4. Extent of lien. (1) Such lien shall extend to the owner's right,
title or interest in the real property and improvements, existing at the
time of filing the notice of lien, or thereafter acquired, except as
hereinafter in this article provided. If an owner assigns his interest
in such real property by a general assignment for the benefit of
creditors, within thirty days prior to such filing, the lien shall
extend to the interest thus assigned. If any part of the real property
subjected to such lien be removed by the owner or by any other person,
at any time before the discharge thereof, such removal shall not affect
the rights of the lienor, either in respect to the remaining real
property, or the part so removed. If labor is performed for, or
materials furnished to, a contractor or subcontractor for an
improvement, the lien shall not be for a sum greater than the sum earned
and unpaid on the contract at the time of filing the notice of lien, and
any sum subsequently earned thereon. In no case shall the owner be
liable to pay by reason of all liens created pursuant to this article a
sum greater than the value or agreed price of the labor and materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
  (2) Such lien shall not extend to the owner's right, title or interest
in real property and improvements, existing at the time of filing the
notice of lien if such lien arises from the failure of a lessee of the
right to explore, develop or produce natural gas or oil, to pay for,
compensate or render value for improvements made with the consent or at
the request of such lessee by a contractor, subcontractor, materialman,
equipment operator or owner, landscaper, nurseryman, or person or
corporation who performs labor or furnishes materials for the
exploration, development, or production of oil or natural gas or
otherwise improves such leased property. Such lien shall extend to the
improvements made for the exploration, development and production of oil
and natural gas, and the working interest held by a lessee of the right
to explore, develop or produce oil and natural gas.
  (3) Notwithstanding subdivision two if a property owner is also a
developer of oil and gas resources and is a party to an agreement with a
person or firm authorized to perfect a lien arising out of the failure
of such developer to compensate or render value for improvements to the
property upon which an oil or gas well is drilled or established, the
lien shall extend to the owners' right or interest in such real
property.
Notes of Decisions
Cited in 44 cases (4 in the last 5 years), 1965–2025 · leading case: Niagara Venture v. Sicoli & Massaro, Inc., 566 N.E.2d 648 (N.Y. 1990).
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Niagara Venture v. Sicoli & Massaro, Inc., 566 N.E.2d 648 (N.Y. 1990). · cites it 2× “Lien Law § 4, explicitly captioned "Extent of lien," defines the scope of the lien.”
West-Fair Elec. Contractors v. Aetna Cas. & Sur. Co., 661 N.E.2d 967 (N.Y. 1995). · cites it 3× “Lien Law § 4, which governs the scope of the liens which may be filed, states: "If labor is performed for, or materials furnished to, a contractor or subcontractor for an improvement, the lien shall not be for a sum greater than the sum earned and unpaid on the contract at the…”
Broadway Houston Mack Dev. LLC v. Ted Kohl, 22 Misc. 3d 1001 (N.Y. Sup. Ct. 2008). · cites it 4× “) Lien Law § 4 states: “(1) . . . In no case shall the owner be liable to pay by reason of all liens created pursuant to this article a sum greater than the value or agreed price of the labor and materials remaining unpaid, at the time of filing notices of such liens.”
Perma Pave Contracting Corp. v. Paerdegat Boat & Racquet Club, Inc., 156 A.D.2d 550 (N.Y. App. Div. 2d Dep't 1989). “It is clear that the plaintiffs lien is valid only to the extent that there was a sum due and owing from the appellant to City Code at the time of the filing of the notice of lien (see, Lien Law §4; Electric City Concrete Co. v Phillips, 100 AD2d 1 ; Strain & Son v Baranello &…”
Canron Corp. v. City of New York, 674 N.E.2d 1117 (N.Y. 1996). “, 87 NY2d, at 157 , supra [citing Lien Law § 4 (1)]). 2 . We reject the City’s attempt to characterize the right of action which Canron seeks to enforce as arising out of the same transaction as Northeast’s rental obligation.”
Matros Automated Elec. Const. Corp. v. Libman, 37 A.D.3d 313 (N.Y. App. Div. 1st Dep't 2007). “Defendants made a prima facie showing that no funds were due and owing from the building owner to the general contractor at the time of the filing of the liens (see Lien Law § 4 [1]; Albert J. Bunce, Ltd. v Fahey, 73 AD2d 632 [1979]), and plaintiffs failed to raise any issues of…”
L & W Supply Corp. v. A.D.F. Drywall, Inc., 55 A.D.3d 1026 (N.Y. App. Div. 3d Dep't 2008). “As the proponent of the motion for summary judgment on its second cause of action based upon the mechanic’s lien, plaintiff had the burden of presenting evidentiary facts showing the existence of a valid lien and that there were funds due and owing from Zandri to ADF to which…”
Timothy Coffey Nursery/Landscape, Inc. v. Gatz, 304 A.D.2d 652 (N.Y. App. Div. 2d Dep't 2003). “In this action to foreclose the lien, the Supreme Court granted the plaintiff summary judgment.”
Bank of Am., N.A. v. ASD Gem Realty LLC, 205 A.D.3d 1 (N.Y. App. Div. 1st Dep't 2022). “We disagreed and held that "the contractual arrangement violates public policy for the same reasons articulated in West-Fair" because "upon default, there is no indebtedness by the owner to the general contractor that would serve as the predicate for a mechanic's lien (under…”
Blandford Land Clearing Corp. v. Nat'l Union Fire Ins., 260 A.D.2d 86 (N.Y. App. Div. 1st Dep't 1999). “If the primary obligation to compensate the subcontractor falls on the owner and the general contractor is merely the owner’s agent for the purpose of making payment, the owner’s default results in no amount due and owing to the general contractor. Any such payment the owner…”
Tomaselli v. Oneida Cnty. Indus. Dev. Agency, 77 A.D.3d 1315 (N.Y. App. Div. 4th Dep't 2010). “, 55 AD3d 1026, 1027 [2008]; see Lien Law § 4 [1]). With respect to the mechanic’s lien at issue in this action, plaintiff was required to establish that he provided architectural and engineering services “for the improvement of real property with the consent or at the request…”
Reading Metal Craft Co. v. Hopf Drive Assocs., 694 F. Supp. 98 (E.D. Pa. 1988). “Under N.Y.LIEN LAW § 4 (McKinney 1966), a subcontractor is barred from recovering from an owner sums in excess of the amount due from the owner to the contractor which engaged the subcontractor.”
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