N.Y. Civil Practice Law & Rules § 7106: Payment of sheriff's fees and expenses; liability of sheriff

§ 7106. Payment of sheriff's fees and expenses; liability of sheriff.

(a) Payment of sheriff's fees and expenses. The sheriff shall not

deliver a chattel to the person entitled to possession unless such

person shall, upon request, pay to the sheriff his lawful fees and the

expenses necessarily incurred in taking and keeping the chattel. Such

fees and expenses shall be taxed as costs in the action or may be taxed

immediately upon motion and the sheriff may be required to refund any

amount not found to be necessarily incurred.

(b) Liability of sheriff. A sheriff is liable for damages caused by

his delivery of a chattel in violation of this article only to the

extent that such damages can not be collected from the party to whom the

chattel was delivered, or his surety. When a chattel is delivered by the

sheriff to any party, as prescribed in this article, the sheriff ceases

to be responsible for the sufficiency of the sureties of any party;

until then, he is responsible for the sufficiency of the sureties of any

party.