2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 71 - (7101 - 7112) RECOVERY OF CHATTEL
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.