New York Laws
Article 71 - Recovery of Chattel
7102 - Seizure of Chattel on Behalf of Plaintiff.

(b) Service. The sheriff shall serve upon the person from whose
possession the chattel is seized a copy of the order of seizure, the
papers on which the order was granted, and the undertaking delivered to
him by the plaintiff. Unless the order of seizure provides otherwise,
the papers delivered to him by the plaintiff, shall be personally served
by the sheriff on each defendant not in default in the same manner as a
summons or as provided in section 314; if a defendant has appeared he
shall be served in the manner provided for service of papers generally.
(c) Affidavit. The application for an order of seizure shall be
supported by an affidavit which shall clearly identify the chattel to be
seized and shall state:
1. that the plaintiff is entitled to possession by virtue of facts set
forth;
2. that the chattel is wrongfully held by the defendant named;
3. whether an action to recover the chattel has been commenced, the
defendants served, whether they are in default, and, if they have
appeared, where papers may be served upon them;
4. the value of each chattel or class of chattels claimed, or the
aggregate value of all chattels claimed;
5. if the plaintiff seeks the inclusion in the order of seizure of a
provision authorizing the sheriff to break open, enter and search for
the chattel, the place where the chattel is located and facts sufficient
to establish probable cause to believe that the chattel is located at
that place;
6. that no defense to the claim is known to the plaintiff; and
7. if the plaintiff seeks an order of seizure without notice, facts
sufficient to establish that unless such order is granted without
notice, it is probable the chattel will become unavailable for seizure
by reason of being transferred, concealed, disposed of, or removed from
the state, or will become substantially impaired in value.
(d) Order of seizure. 1. Upon presentation of the affidavit and
undertaking and upon finding that it is probable the plaintiff will
succeed on the merits and the facts are as stated in the affidavit, the
court may grant an order directing the sheriff of any county where the
chattel is found to seize the chattel described in the affidavit and
including, if the court so directs, a provision that, if the chattel is
not delivered to the sheriff, he may break open, enter and search for
the chattel in the place specified in the affidavit. The plaintiff shall
have the burden of establishing the grounds for the order.
2. Upon a motion for an order of seizure, the court, without notice to
the defendant, may grant a temporary restraining order that the chattel
shall not be removed from the state if it is a vehicle, aircraft or
vessel or, otherwise, from its location, transferred, sold, pledged,
assigned or otherwise disposed of or permitted to become subject to a
security interest or lien until further order of the court. Unless the
court otherwise directs, the restraining order does not prohibit a
disposition of the chattel to the plaintiff. Disobedience of the order
may be punished as a contempt of court.
3. An order as provided in paragraph one of this subdivision may be
granted without notice only if, in addition to the other prerequisites
for the granting of the order, the court finds that unless such order is

granted without notice it is probable the chattel will become
unavailable for seizure by reason of being transferred, concealed,
disposed of, or removed from the state, or will become substantially
impaired in value.
4. An order of seizure granted without notice shall provide that the
plaintiff shall move for an order confirming the order of seizure on
such notice to the defendant and sheriff and within such period, not to
exceed five days after seizure, as the court shall direct. Unless the
motion is made within such period, the order of seizure shall have no
further effect and shall be vacated on motion and any chattel seized
thereunder shall be returned forthwith to the defendant. Upon the motion
to confirm, the plaintiff shall have the burden of establishing the
grounds for confirmation.
(e) Undertaking. The undertaking shall be executed by sufficient
surety, acceptable to the court. The condition of the undertaking shall
be that the surety is bound in a specified amount, not less than twice
the value of the chattel stated in the plaintiff's affidavit, for the
return of the chattel to any person to whom possession is awarded by the
judgment, and for payment of any sum awarded by the judgment against the
person giving the undertaking. A person claiming only a lien on or
security interest in the chattel may except to the plaintiff's surety.
(f) Disposition of chattel by sheriff. Unless the court orders
otherwise, the sheriff shall retain custody of a chattel for a period of
ten days after seizure where seizure is pursuant to an order granted on
notice, and until served with an order of confirmation where seizure is
pursuant to an order granted without notice. At the expiration of such
period, the sheriff shall deliver the chattel to the plaintiff if there
has not been served upon him a notice of exception to plaintiff's
surety, a notice of motion for an impounding or returning order, or the
necessary papers to reclaim the chattel. Upon failure of the surety on
plaintiff's undertaking to justify, the sheriff shall deliver possession
of the chattel to the person from whom it was seized.