L. 1916, ch. 130. Consideration of appropriation bill. § 32. § 32. Appropriation bill; consideration by legislature. The respective committees shall present with the budget a single bill providing the appropriations contained therein. The appropriation bill thus reported shall be referred to the committee of the whole of the senate and shall be advanced to the order of second reading in the assembly, and shall remain before the committee of the whole of the senate and on the order of second reading in the assembly for its consideration at least five full legislative days, and on each of such days the bills shall be the special order of the day. While the bill is under consideration in the committee of the whole in the senate or on second reading in the assembly, the head of any department, office, board, bureau, commission or institution of the state, may, and when requested by a majority vote of either house, shall, appear and shall be heard and answer inquiries by members pertinent to the appropriation bill then under consideration. All meetings of either house for the consideration of the appropriation bill shall be open to the public. While the bill is before the committee of the whole of the senate or on the order of second reading in the assembly, it may be amended either by inserting additional items or by increasing, reducing or eliminating items; but on third reading no amendments, except to reduce or eliminate an item in the bill, shall be in order, except by unanimous consent. The bill when advanced to the order of third reading in either house shall be a special order of the day for at least three full legislative days. (Added by L. 1916, ch. 130, in effect Apr. 5, 1916.) LETCHWORTH VILLAGE. L. 1909, ch. 446, § 4 (B. C. & G.'s Consol. Laws, p. 3131). § 4. Annual report. The board of managers shall make to the legisla ture in January of each year a detailed report with suitable suggestions and such other matter as may be required of them for the year ending on the thirtieth day of June preceding the date of such report. (Amended by L. 1916, ch. 118, § 32, in effect Apr. 3, 1916.) § 2. Definitions; lienor. L. 1916, ch. 507. LIEN LAW. (L. 1909, ch. 38.) § 2. Definitions; lienor.-The term "lienor," when used in this chapter, means any person having a lien upon property by virtue of its provisions, and includes his successor in interest. Real property. The term "real property," when used in this chapter, includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, fixtures, and all bridges and trestle work, and structures connected therewith, erected for the use of railroads, and all oil or gas wells and structures and fixtures connected therewith, and any lease of oil lands or other right to operate for the production of oil or gas upon such lands, and the right of franchise granted by a municipal corporation for the use of the streets or public places thereof, and all structures placed thereon for the use of such right or franchise. Owner. The term "owner," when used in this chapter, includes the owner in fee of real property, or of a less estate therein, a lessee for a term of years, a vendee in possession under a contract for the purchase of such real property, and all persons having any right, title or interest in such real property, which may be sold under an execution in pursuance of the provisions of statutes relating to the enforcement of liens of judgment, and all persons having any right or franchise granted by a municipal corporation to use the streets and public places thereof, and any right, title or interest in and to such franchise. The purchaser of real property at a statutory or judicial sale shall be deemed the owner thereof from the time of such sale. If the purchaser at such sale fails to complete the purchase, pursuant to the terms of the sale, all liens created by his consent after such sale shall be a lien on any deposit made by him and not on the real property sold. Improvement. The term "improvement," when used in this chapter, includes the 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 permanent 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 electire light and shall also include the drawing by an architect or engineer, of any plans or specifications which are used in connection with such improvement. Public improvement. The term "public improvement," when used in this chapter, means an improvement upon any real estate belonging to the state or a municipal corporation. Contractor. The term "contractor," when used in this chapter, means L. 1916, ch. 507. Mechanic's lien. § 3. a person who enters into a contract with the owner of real property for the improvement thereof, or with the state or a municipal corporation for a public improvement. Subcontractor. The term "subcontractor," when used in this chapter, means a person who enters into a contract with a contractor for the improvement of such real property or such public improvement or with a person who has contracted with or through such contractor for the performance of his contract or any part thereof. Laborer. The term "laborer," when used in this chapter, means any person who performs labor or services upon such improvement. Material man. The term "material man,' when used in this chapter, means any person who furnishes material for such improvement. (Amend ed by L. 1914, ch. 506, and L. 1916, ch. 507, in effect July 1, 1916.) Material man.-One who furnishes a contractor with materials called for by the plans and specifications and by whom working drawings were submitted for approval, but who did not install the material nor perform any labor thereon after delivery, is a materialman. Buhler v. New York Dock Co. (1915), 170 App. Div. 486, 156 N. Y. Supp. 457. § 3. Mechanic's lien on real property. Materials for which lien may be filed; material used in construction work but not incorporated therein which is partially destroyed by such use.-While a building plant together with tools, and their adjuncts, which are but instruments for accomplishing the work, which survive its completion and which are not used in the physical construction of the work, are not within the statute authorizing the filing of a mechanic's lien, the case is different, and a lien may be filed, as to materials which do come into physical use and contact and which are used in immediate connection with the work although neither permanently entering into it nor actually annihilated in the course of their use, but which, although remaining as physical substances after the work is completed, are, so far as their original form or condition is concerned, practically destroyed. Thus, a mechanic's lien may be filed for lumber which was cut up for building derricks, temporary trestles, fences, bracing, sheeting or sheathing, street flooring or decking, and steel "I” beams used for support. But no lien can be filed for lumber used for building offices and other temporary buildings, for constructing concrete molds, repairing cars, or otherwise used in the plant. Gates & Co. v. Stevens Construction Co. (1915), 169 App. Div. 221, 154 N. Y. Supp. 605. A lien may be filed for "conduit rods" used for cleaning out electrical conduits after they were permanently installed. A lien may be filed for dynamite, fuses, connecting wire, batteries, etc., used in blasting operations if they were actually consumed and used up in the progress of the work. A lien may be filed for builders' hardware and similar supplies, except such as are used for temporary building repairs to plant and for steam drills. A lien may be filed for labor and materials in disconnecting the permanent gas mains and furnishing and installing temporary pipes for the distribution of gas to abutting properties during the construction of a railroad. Gates & Co. v. Stevens Construction Co. (1915), 169 App. Div. 221, 154 N. Y. Supp. 605. Where an owner completes a bulding contract upon the abandonment of the work by the contractor, and materialmen and others asserting liens upon the difference between the cost of completion and the amount of the contract price unpaid establish the cost of completion solely by the certificates of the owner's architect, §§ 4, 5. Extent of lien; lien for public improvements. L. 1916, ch. 507. the lienors cannot, on appeal, impeach the certificate as to the payment of laborers' wages by the owner. Where an owner, who has completed a building after a default of the contractor, is charged with mechanic's liens on the cost of completion, he cannot assert a counterclaim for liquidated damages for the delay. Nor can charges for the services of the architect be considered part of the contract which the owner was completing on the contractor's account. Buhler Co. v. New York Dock Co. (1915), 170 App. Div. 486, 156 N. Y. Supp. 457. § 4. Extent of lien.-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, 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. (Amended by L. 1916, ch. 507, in effect July 1, 1916.) Right of lienor to payment in full, although owner subsequently compelled to pay more than contract price to complete contract.-Where, at the time of the filing of a notice of lien for materials furnished, the contractor had earned and there was due him more than the amount of the lien, such lien should be allowed in full even though the owner was subsequently compelled to pay more than the contract price to complete the contract. This is especially true where the owner recognized the claim for the material and promised to pay it. Upton Co. v. Flynn (1915), 169 App. Div. 79, 154 N. Y. Supp. 724. § 5. Liens under contracts for public improvements.-A person performing labor for or furnishing materials to a contractor, his subcontractor or legal representative, for the construction of a public improvement pursuant to a contract by such contractor with the state or a municipal corporation, shall have a lien for the principal and interest of the value or agreed price of such labor or materials upon the moneys of the state or of such corporation applicable to the construction of such improvement, to the extent of the amount due or to become due on such contract, upon filing a notice of lien as prescribed in this article, except as hereinafter in this article provided. (Repealed by L. 1911, ch. 450, re-enacted by L. 1911, ch. 873, and amended by L. 1916, ch. 507, in effect July 1, 1916.) § 9. Contents of notice of lien.-Subd. 4 amended by L. 1916, ch. 507, in effect July 1, 1916, as follows: 1 1 L. 1916, ch. 507. 4. The labor performed or materials furnished and the agreed price or value thereof, or materials actually manufactured for but not delivered to the real property and the agreed price or value thereof. Sufficiency of notice.-A notice of mechanic's lien is defective in failing to state the agreed price and values of materials furnished for the real property which is subject to the lien, where it groups in the notice materials furnished under several contracts for the improvement of separate pieces of real estate which were improved as independent operations. Buhler Co. v. New York Dock Co. (1915), 170 App. Div. 486, 156 N. Y. Supp. 457. Subdivision 4, requiring that a notice of lien shall state the "materials furnished or to be furnished and the agreed price or value thereof," should be liberally construed, and a notice stating the kind of materials and their agreed price and value is not insufficient because the separate amount and value of each kind of material is not given. New York County National Bank v. Wood (1915), 169 App. Div. 817, 153 N. Y. Supp. 860. § 10. Filing of notice. The notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or within four months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished. The notice of lien must be filed in the clerk's office of the county where the property is situated. If such property is situated in two or more counties, the notice of lien shall be filed in the office of the clerk of each of such counties. The county clerk of each county shall provide and keep a book to be called the "lien docket," which shall be suitably ruled in columns headed "owners,' "lienors," "property," "amount, "time of filing," "proceedings had," in each of which he shall enter the particulars of the notice, properly belonging therein. The date, hour and minute of the filing of each notice of lien shall be entered in the proper column. The names of the owners shall be arranged in such book in alphabetical order. The validity of the lien and the right to file a notice thereof shall not be affected by the death of the owner before notice of the lien is filed. (Amended by L. 1916, ch. 507, in effect July 1, 1916.) 99 66 A mechanic's lien may be filed after bankruptcy petition has been filed by the corporation to which the goods were furnished. Gates & Co. v. Stevens Construction Co. (1915), 169 App. Div. 221, 154 N. Y. Supp. 605. Filing of a notice of lien, provided for by this section, is a prerequisite to the enforcement of a lien under section 138 of the Public Health Law. The Athinai (1916), 230 Fed. 1017. § 12. Notice of lien on account of public improvements.-At any time. before the construction of a public improvement is completed and accepted by the senate or by the municipal corporation, and within thirty days after such completion and acceptance, a person performing work for or furnishing materials to a contractor, his subcontractor, assignee or legal representative, may file a notice of lien with the head of the department or bureau having charge of such construction and with the comptroller of |