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This entry was published on 2014-09-22
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Judgment; execution in certain cases; enforcement by contempt
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 71
§ 7108. Judgment; execution in certain cases; enforcement by contempt.
(a) Generally. Damages for wrongful taking or detention or for injury to
or depreciation of a chattel may be awarded to a party. If an order of
seizure granted without notice is not confirmed as required pursuant to
paragraph four of subdivision (d) of section 7102, the plaintiff, unless
the court orders otherwise upon good cause shown, shall be liable to the
defendant for all costs and damages, including reasonable attorney's
fees, which may be sustained by reason of the granting of the order of
seizure without notice, and the plaintiff's liability shall not be
limited to the amount of the undertaking. Except as provided in
subdivision (b), judgment shall award possession of each chattel to the
prevailing party or, if the action is discontinued or dismissed, to the
person from whom it was seized; and where the person awarded possession
is not in possession when judgment is entered, it shall in the
alternative, award the value of each chattel at the time of trial or the
sum for which it was sold under section 7105, decreased by the value of
the interest of an unsuccessful party.

(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.