N.Y. Civil Practice Law & Rules § 7108: Judgment; execution in certain cases; enforcement by contempt

§ 7108. Judgment; execution in certain cases; enforcement by contempt.

(a) Generally. Damages for wrongful taking or detention or for injury to

or depreciation of a chattel may be awarded to a party. If an order of

seizure granted without notice is not confirmed as required pursuant to

paragraph four of subdivision (d) of section 7102, the plaintiff, unless

the court orders otherwise upon good cause shown, shall be liable to the

defendant for all costs and damages, including reasonable attorney's

fees, which may be sustained by reason of the granting of the order of

seizure without notice, and the plaintiff's liability shall not be

limited to the amount of the undertaking. Except as provided in

subdivision (b), judgment shall award possession of each chattel to the

prevailing party or, if the action is discontinued or dismissed, to the

person from whom it was seized; and where the person awarded possession

is not in possession when judgment is entered, it shall in the

alternative, award the value of each chattel at the time of trial or the

sum for which it was sold under section 7105, decreased by the value of

the interest of an unsuccessful party.

(b) Where value of chattel should not be awarded; execution. A

verdict, report or decision in favor of the defendant where the chattel

is in possession of the plaintiff at the time it is rendered shall not

fix the value of the chattel where:

1. the plaintiff is the owner of the chattel but it was rightfully

distrained doing damage, and the value of the chattel is greater than

the damages sustained by the defendant; or

2. the plaintiff is the owner of the chattel, but the defendant had a

special property therein, the value of which is less than the value of

the chattel.

The verdict, report or decision shall state why the value of the

chattel is not fixed, and the final judgment shall award to the

defendant the amount of damages or value of his special property and, if

such sum is not collected, possession of the chattel. An execution shall

direct the sheriff to deliver possession of the chattel to the defendant

unless the party in possession pays the sum awarded to the defendant

with interest and sheriff's fees and in case the chattel cannot be found

within his county, then to satisfy that sum from the property of the

party against whom the judgment is entered. If the chattel is in

possession of the defendant, it may remain in his possession until the

amount awarded is paid.

(c) Failure of jury to fix sum. If the jury shall fail to fix any sum

required to be fixed by this section, such sum shall be fixed by a jury

empanelled for the purpose upon motion made before the judge who

presided at the trial within fifteen days after verdict.