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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 5102: Enforcement of judgment or order awarding possession of real property or a chattel

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 51. Enforcement of Judgments and Orders Generally

§ 5102. Enforcement of judgment or order awarding possession of real

property or a chattel. A judgment or order, or a part thereof, awarding

possession of real property or a chattel may be enforced by an

execution, which shall particularly describe the property and designate

the party to whom the judgment or order awards its possession. The

execution shall comply with the provisions of section 5230, except that

it shall direct the sheriff to deliver possession of the property to the

party designated. In an action to recover a chattel, where the judgment

awards possession of the chattel and in the alternative its value, the

execution shall also direct the sheriff, if the chattel cannot be found

within his county, to levy upon real and personal property as upon an

execution to enforce a money judgment. After the death of a party

against whom a judgment or order awarding possession of real property

has been obtained, an order granting leave to issue such execution may

be granted upon twenty days' notice, to be served in the same manner as

a summons, to the occupants of the real property and to the heirs or

devisees of the deceased party.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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