New York Laws
Article 71 - Recovery of Chattel
7108 - Judgment; Execution in Certain Cases; Enforcement by Contempt.

(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.