N.Y. Lien Law § 39-c: Repossession of materials not used

§ 39-c. Repossession of materials not used. If for any reason after

the work of a private or a public improvement of real property is

abandoned by an owner, a contractor or a subcontractor before the

completion thereof by such owner, contractor or subcontractor, or if,

after the same is completed, materials delivered are not used therefor,

a person who has delivered materials for the improvement which have not

been incorporated therein and for which he has not received payment may

repossess and remove such materials; and thereupon he shall have no lien

on the real property or improvements against persons secondarily liable,

for the price thereof, but he shall have the same rights in regard to

the materials as if he had never parted with the possession. This right

to repossess and remove the materials shall not be affected by their

sale, encumbrance, attachment, or transfer from the site of the

improvement, except that, if the materials have been so transferred, the

right to repossess them shall not be effective as against a purchaser or

encumbrancer thereof in good faith whose interest therein shall have

arisen since such transfer from the site of the improvement, or as

against a creditor attaching after such transfer. The right to

repossession and removal given by this section shall extend only to

materials whose purchase price does not exceed the amount remaining due

to the person repossessing; but where materials have been partly paid

for, the person delivering them may repossess them as allowed in this

section on refunding the part of the purchase price which has been paid

less the cost of removal.