N.Y. Lien Law § 4: Extent of lien

§ 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.