N.Y. C.P.L.R. § 7108

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7108 Judgment; execution in certain cases; enforcement by contempt.(a) Generally § 7108. Judgment; execution in certain cases; enforcement by contempt.(a) Generally. Damages for wrongful taking or detention or for injury toor depreciation of a chattel may be awarded to a party. If an order ofseizure granted without notice is not confirmed as required pursuant toparagraph four of subdivision (d) of section 7102, the plaintiff, unlessthe court orders otherwise upon good cause shown, shall be liable to thedefendant for all costs and damages, including reasonable attorney'sfees, which may be sustained by reason of the granting of the order ofseizure without notice, and the plaintiff's liability shall not belimited to the amount of the undertaking. Except as provided insubdivision (b), judgment shall award possession of each chattel to theprevailing party or, if the action is discontinued or dismissed, to theperson from whom it was seized; and where the person awarded possessionis not in possession when judgment is entered, it shall in thealternative, award the value of each chattel at the time of trial or thesum for which it was sold under section 7105, decreased by the value ofthe interest of an unsuccessful party.(b) Where value of chattel should not be awarded; execution. Averdict, report or decision in favor of the defendant where the chattelis in possession of the plaintiff at the time it is rendered shall notfix the value of the chattel where:1. the plaintiff is the owner of the chattel but it was rightfullydistrained doing damage, and the value of the chattel is greater thanthe damages sustained by the defendant; or2. the plaintiff is the owner of the chattel, but the defendant had aspecial property therein, the value of which is less than the value ofthe r thanthe damages sustained by the defendant; or2. the plaintiff is the owner of the chattel, but the defendant had aspecial property therein, the value of which is less than the value ofthe chattel.The verdict, report or decision shall state why the value of thechattel is not fixed, and the final judgment shall award to thedefendant the amount of damages or value of his special property and, ifsuch sum is not collected, possession of the chattel. An execution shalldirect the sheriff to deliver possession of the chattel to the defendantunless the party in possession pays the sum awarded to the defendantwith interest and sheriff's fees and in case the chattel cannot be foundwithin his county, then to satisfy that sum from the property of theparty against whom the judgment is entered. If the chattel is inpossession of the defendant, it may remain in his possession until theamount awarded is paid.(c) Failure of jury to fix sum. If the jury shall fail to fix any sumrequired to be fixed by this section, such sum shall be fixed by a juryempanelled for the purpose upon motion made before the judge whopresided at the trial within fifteen days after verdict.