2023 New York Laws › CVP - Civil Practice Law and Rules › Article 71 - Recovery of Chattel › 7103 - Reclaiming, Impounding or Returning Chattel.

§  7103.  Reclaiming,  impounding or returning chattel. (a) Reclaiming
chattel. A chattel may be reclaimed by any person claiming the right  to
its  possession,  except  a  defendant claiming only a lien thereon or a
security interest therein , by service upon the sheriff,  and  upon  all
parties  to the action, of a notice that the reclaiming party requires a
return of all or part of the chattels replevied; an undertaking executed
as required by subdivision (e) of section 7102 and an affidavit  stating
that  the  reclaiming party is entitled to possession by virtue of facts
set forth. The sheriff shall retain custody of the chattel for ten  days
after  such  papers have been served upon him. At the expiration of such
period he shall deliver the chattel to the person serving the notice  if
there  has not been served upon him a notice of exception to sureties or
a notice of motion for an impounding order. Upon failure by  the  surety
to  justify,  the sheriff shall deliver possession of the chattel to the
plaintiff. If more than one person serves a  reclaiming  notice  on  the
sheriff,  the  sheriff shall move, on notice to all parties, to have the
court determine to whom the chattel shall be delivered.
(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.