N.Y. CPLR § 7106

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7106 Payment of sheriff's fees and expenses; liability of sheriff.(a) Payment of sheriff's fees and expenses § 7106. Payment of sheriff's fees and expenses; liability of sheriff.(a) Payment of sheriff's fees and expenses. The sheriff shall notdeliver a chattel to the person entitled to possession unless suchperson shall, upon request, pay to the sheriff his lawful fees and theexpenses necessarily incurred in taking and keeping the chattel. Suchfees and expenses shall be taxed as costs in the action or may be taxedimmediately upon motion and the sheriff may be required to refund anyamount not found to be necessarily incurred.(b) Liability of sheriff. A sheriff is liable for damages caused byhis delivery of a chattel in violation of this article only to theextent that such damages can not be collected from the party to whom thechattel was delivered, or his surety. When a chattel is delivered by thesheriff to any party, as prescribed in this article, the sheriff ceasesto be responsible for the sufficiency of the sureties of any party;until then, he is responsible for the sufficiency of the sureties of anyparty.