S T A T E   O F   N E W   Y O R K
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                                  4918

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the lien law, in relation to including in the definition
  of "improvement" the furnishing or delivery of fuel oil or kerosene

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

  Section 1. Subdivision 4 of section 2 of the lien law, as  amended  by
chapter 925 of the laws of 1982, is amended to read as follows:
  4.  Improvement.  The  term  "improvement," when used in this chapter,
includes the demolition, erection, alteration or repair of any structure
upon, connected with, or beneath the surface of, any real  property  and
any  work  done upon such property or materials furnished for its perma-
nent improvement, and shall also include  any  work  done  or  materials
furnished in equipping any such structure with any chandeliers, brackets
or  other  fixtures or apparatus for supplying gas or electric light and
shall also include the drawing by any architect or engineer or surveyor,
of any plans or specifications or survey, which are prepared for or used
in connection with such improvement and shall also include the value  of
materials  actually manufactured for but not delivered to the real prop-
erty, and shall also include the reasonable rental value for the  period
of  actual  use  of  machinery,  tools  and  equipment  and the value of
compressed gases furnished for welding or cutting in connection with the
demolition, erection, alteration or repair of any real property, and the
value of fuel and lubricants consumed  by  machinery  operating  on  the
improvement,  or  by motor vehicles owned, operated or controlled by the
owner, or a contractor or subcontractor while engaged exclusively in the
transportation of materials to or from the improvement for the  purposes
thereof  and shall also include the performance of real estate brokerage
services in obtaining a lessee for a term of more than  three  years  of
all  or  any part of real property to be used for other than residential
purposes pursuant to a  written  contract  of  brokerage  employment  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09076-01-1
              

A. 4918                             2

compensation,  AND SHALL ALSO INCLUDE THE FURNISHING OR DELIVERY OF FUEL
OIL OR KEROSENE USED TO PRODUCE HEAT, HOT WATER, OR OTHER FORMS OF ENER-
GY OR POWER TO THE REAL PROPERTY, PROVIDED THAT SUCH REAL PROPERTY SHALL
INCLUDE ONLY RESIDENTIAL BUILDINGS THAT CONTAIN FOUR OR MORE RESIDENTIAL
UNITS  AND  ALL  COMMERCIAL REAL PROPERTY INCLUDING, BUT NOT LIMITED TO,
OFFICE BUILDINGS, INDUSTRIAL FACILITIES, RETAIL SHOPS AND LODGING ESTAB-
LISHMENTS.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.