2006 New York Code - Miscellaneous Provisions

 
  Section 7--601. Lost and Missing Documents.
    (1)  If  a  document  has  been lost, stolen or destroyed, a court may
  order delivery of the goods or issuance of a substitute document and the
  bailee may without liability to any person comply with  such  order.  If
  the  document was negotiable the claimant must post security approved by
  the court to indemnify any person who may suffer loss  as  a  result  of
  non-surrender  of the document. If the document was not negotiable, such
  security may be required at the discretion of the court. The  court  may
  also  in  its  discretion order payment of the bailee's reasonable costs
  and counsel fees.
    (2) A bailee who without  court  order  delivers  goods  to  a  person
  claiming  under  a  missing  negotiable document is liable to any person
  injured thereby, and if the delivery is not in good faith becomes liable
  for conversion. Delivery in good faith is  not  conversion  if  made  in
  accordance   with   a  filed  classification  or  tariff  or,  where  no
  classification or tariff is filed, if the claimant posts  security  with
  the  bailee  in  an amount at least double the value of the goods at the
  time of posting to indemnify any person  injured  by  the  delivery  who
  files a notice of claim within one year after the delivery.