(b) Impounding chattel. A chattel which is in the custody of the
sheriff may be impounded pending judgment or further order of the court,
upon motion of any person claiming the right to its possession, upon
notice to the sheriff and to all parties to the action. The motion shall
be granted if the chattel is of such a nature, or the circumstances are
such, that the moving party, if found to be entitled to possession,
would not be adequately compensated for its loss by the payment of its
pecuniary value. An undertaking shall accompany the motion, in an amount
not less than two hundred and fifty dollars, that the moving party will
indemnify the sheriff for all expenses incurred by him in transporting,
handling and safekeeping the chattel pending determination of the
motion, and, if the motion is granted, pending judgment or further order
of the court. All expenses resulting from impounding shall be taxed as
disbursements in the action as the court may direct.
(c) Returning chattel. 1. If a chattel which is in the custody of the
sheriff is personal property which if owned by a defendant would be
exempt from application to the satisfaction of a money judgment, if the
value of the possession of the chattel to the defendant is greater than
the value of its possession to the plaintiff, if the interest of the
plaintiff would not thereby be prejudiced and if the interests of
justice so require, upon motion of the defendant, upon notice to the
sheriff and to all parties to the action, and on such terms and on such
security and conditions as to the court may seem proper, the court may
order its return to the defendant.
2. If the court orders the return of the chattel to the defendant, it
shall grant a 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.
(d) Additional parties. A motion under this section, or service upon
plaintiff of a notice of reclamation or exception to surety by a person
not a party to the action, makes such a person a party to the action.
Plaintiff shall serve a copy of the complaint upon such person within
twenty days after he becomes a party.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 71 - Recovery of Chattel
7101 - When Action May Be Brought.
7102 - Seizure of Chattel on Behalf of Plaintiff.
7103 - Reclaiming, Impounding or Returning Chattel.
7104 - Seizing, Reclaiming or Returning Less Than All Chattels.
7105 - Sale of Perishable Property.
7106 - Payment of Sheriff's Fees and Expenses; Liability of Sheriff.
7108 - Judgment; Execution in Certain Cases; Enforcement by Contempt.
7112 - Testimony by Deposition to Ascertain Location of Chattel.