Property paid into court, other than money or securities, shall not be delivered to the county treasurer. The court may direct that such property be deposited in a warehouse or safe deposit company upon the filing of a bond for the cost of such storage by the party paying the property into court or the party who requested such disposition, as the court may provide. It may make such other or subsequent disposition as it deems proper.
§ 2602.Payment into court of property other than money or securities; deposit with warehouse or safe deposit company
Article 26. Property Paid Into Court · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 2602 governs property other than money or securities that a court orders paid into court, keeping it out of the county treasurer's hands and instead sending it to a warehouse or safe deposit company under a bond covering storage costs.
Full Text of CPLR 2602
Plain-English Summary
CPLR 2601 hands money and securities to the county treasurer, but a treasurer's office isn't built to store a piece of jewelry, a stack of business records, or a crate of goods. Section 2602 fills that gap: property paid into court that isn't money or securities skips the treasurer entirely.
Instead, the court can direct that the property go into a warehouse or a safe deposit company. Before that happens, someone has to post a bond covering the cost of storage — either the party who paid the property into court or the party who asked for this arrangement, whichever the court decides should carry that cost.
Beyond the initial placement, the court keeps the door open to change course. It may order whatever further disposition of the property it thinks is proper, so the arrangement isn't fixed once the property lands at a storage facility.
Frequently Asked Questions
What kind of property does CPLR 2602 cover?
It covers property paid into court other than money or securities — physical items like documents, jewelry, or goods that a county treasurer isn't equipped to hold.
Why doesn't the county treasurer hold this kind of property?
CPLR 2601 sends money and securities to the county treasurer, but section 2602 keeps other property out of the treasurer's office and directs it instead to a warehouse or safe deposit company.
Who pays for storing property paid into court under CPLR 2602?
A bond covering the storage cost must be filed, and the court decides whether the party who paid the property in or the party who requested the storage arrangement bears that cost.
Can a court change how stored property is handled later?
Yes. CPLR 2602 lets the court order any further or different disposition of the property once it's decided the initial placement isn't the last word.
Does CPLR 2602 apply to business records held during a lawsuit?
It can, since the section reaches any property other than money or securities that a court has ordered paid into court, which includes documents and records.
Advisory Committee Notes
This section is derived from CPA § 134-a. The words “other than money or securities” have been inserted to reconcile the section with the specific mandate of subd (b) of CPLR § 2601. The word “property” has been substituted for the enumeration of articles in the former section, and for the word “articles” itself. The last nine words of the former section have been replaced by the sentence “It may make such other or subsequent disposition as it deems proper,” in order to make clear that the exact disposition of such property is left to the discretion of the court. The court’s discretion has been broadened so that the party who requested the disposition of property paid into the court may be required to file a bond for the payment of the storage cost.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: property paid into court New Yorkstorage of property paid into courtsafe deposit company court order NYnon-cash property court custodywarehouse bond court deposit