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This entry was published on 2014-09-22
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SECTION 5102
Enforcement of judgment or order awarding possession of real property or a chattel
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 51
§ 5102. Enforcement of judgment or order awarding possession of real
property or a chattel. A judgment or order, or a part thereof, awarding
possession of real property or a chattel may be enforced by an
execution, which shall particularly describe the property and designate
the party to whom the judgment or order awards its possession. The
execution shall comply with the provisions of section 5230, except that
it shall direct the sheriff to deliver possession of the property to the
party designated. In an action to recover a chattel, where the judgment
awards possession of the chattel and in the alternative its value, the
execution shall also direct the sheriff, if the chattel cannot be found
within his county, to levy upon real and personal property as upon an
execution to enforce a money judgment. After the death of a party
against whom a judgment or order awarding possession of real property
has been obtained, an order granting leave to issue such execution may
be granted upon twenty days' notice, to be served in the same manner as
a summons, to the occupants of the real property and to the heirs or
devisees of the deceased party.