CPLR 5102 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 5101 Enforcement of money judgment or order up ARTICLE 51 Enforcement of Judgments and Orders Generally next SECTION 5103 Enforcement of judgment or order directing sale of real property Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.