N.Y. CPLR § 7103

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7103 Reclaiming, impounding or returning chattel § 7103. Reclaiming, impounding or returning chattel. (a) Reclaimingchattel. A chattel may be reclaimed by any person claiming the right toits possession, except a defendant claiming only a lien thereon or asecurity interest therein , by service upon the sheriff, and upon allparties to the action, of a notice that the reclaiming party requires areturn of all or part of the chattels replevied; an undertaking executedas required by subdivision (e) of section 7102 and an affidavit statingthat the reclaiming party is entitled to possession by virtue of factsset forth. The sheriff shall retain custody of the chattel for ten daysafter such papers have been served upon him. At the expiration of suchperiod he shall deliver the chattel to the person serving the notice ifthere has not been served upon him a notice of exception to sureties ora notice of motion for an impounding order. Upon failure by the suretyto justify, the sheriff shall deliver possession of the chattel to theplaintiff. If more than one person serves a reclaiming notice on thesheriff, the sheriff shall move, on notice to all parties, to have thecourt determine to whom the chattel shall be delivered.(b) Impounding chattel. A chattel which is in the custody of thesheriff may be impounded pending judgment or further order of the court,upon motion of any person claiming the right to its possession, uponnotice to the sheriff and to all parties to the action. The motion shallbe granted if the chattel is of such a nature, or the circumstances aresuch, that the moving party, if found to be entitled to possession,would not be adequately compensated for its loss by the payment of itspecuniary value. An undertaking shall accompany the motion, in an amountnot less , if found to be entitled to possession,would not be adequately compensated for its loss by the payment of itspecuniary value. An undertaking shall accompany the motion, in an amountnot less than two hundred and fifty dollars, that the moving party willindemnify the sheriff for all expenses incurred by him in transporting,handling and safekeeping the chattel pending determination of themotion, and, if the motion is granted, pending judgment or further orderof the court. All expenses resulting from impounding shall be taxed asdisbursements in the action as the court may direct.(c) Returning chattel. 1. If a chattel which is in the custody of thesheriff is personal property which if owned by a defendant would beexempt from application to the satisfaction of a money judgment, if thevalue of the possession of the chattel to the defendant is greater thanthe value of its possession to the plaintiff, if the interest of theplaintiff would not thereby be prejudiced and if the interests ofjustice so require, upon motion of the defendant, upon notice to thesheriff and to all parties to the action, and on such terms and on suchsecurity and conditions as to the court may seem proper, the court mayorder its return to the defendant.2. If the court orders the return of the chattel to the defendant, itshall grant a restraining order that the chattel shall not be removedfrom the state if it is a vehicle, aircraft or vessel or, otherwise,from its location, transferred, sold, pledged, assigned or otherwisedisposed of or permitted to become subject to a security interest orlien until further order of the court. Unless the court otherwisedirects, the restraining order does not prohibit a disposition of thechattel to the plaintiff. Disobedience of the order may be punished as acontempt of court.(d) Additional parties. A motion under this section, or service uponplaintiff of a notice of reclamation or to the plaintiff. Disobedience of the order may be punished as acontempt of court.(d) Additional parties. A motion under this section, or service uponplaintiff of a notice of reclamation or exception to surety by a personnot a party to the action, makes such a person a party to the action.Plaintiff shall serve a copy of the complaint upon such person withintwenty days after he becomes a party.