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Can I file a mechanics lien?

New York

I mistakenly gave a builder monies to do "xtras" on a house I am in contract to buy. The deal has fallen through as the property did not appraise high enough. He is refusing to return any of the funds I gave him or reimburse me for any of the materials I purchased, had delivered to the house and were used in the construction. Do I have a right to file a mechanics lien?

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