Skip to main content
Verified Current

N.Y. CPLR § 5102

N.Y. CPLR § 5102 - Enforcement of Judgment or Order Awarding Possession of Real Property or Chattel

Official Source
Official source link unavailable
Freshness
Verified Currentlast checked

Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 5102, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5102 Enforcement of judgment or order awarding possession of realproperty or a chattel § 5102. Enforcement of judgment or order awarding possession of realproperty or a chattel. A judgment or order, or a part thereof, awardingpossession of real property or a chattel may be enforced by anexecution, which shall particularly describe the property and designatethe party to whom the judgment or order awards its possession. Theexecution shall comply with the provisions of section 5230, except thatit shall direct the sheriff to deliver possession of the property to theparty designated. In an action to recover a chattel, where the judgmentawards possession of the chattel and in the alternative its value, theexecution shall also direct the sheriff, if the chattel cannot be foundwithin his county, to levy upon real and personal property as upon anexecution to enforce a money judgment. After the death of a partyagainst whom a judgment or order awarding possession of real propertyhas been obtained, an order granting leave to issue such execution maybe granted upon twenty days' notice, to be served in the same manner asa summons, to the occupants of the real property and to the heirs ordevisees of the deceased party.