2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 71 - (7101 - 7112) RECOVERY OF CHATTEL
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.