On motion of any party, the court may order the sale, in such manner and on such terms as it deems proper, of any personal property capable of delivery which is the subject of the action if it shall appear likely that its value will be substantially decreased during the pendency of the action. Any party to the action may purchase such property at a judicially-directed sale held pursuant to this section without prejudice to his claim.
§ 2702.Sale of property
Article 27. Disposition of Property in Litigation · Last amended 1965 · Last verified July 21, 2026
In one sentenceCPLR 2702 lets a court, on a party's motion, order the sale of personal property that is the subject of a lawsuit when its value is likely to drop substantially while the case is pending, and it lets any party bid on that property without prejudicing its claim.
Full Text of CPLR 2702
Plain-English Summary
Some property loses value the longer a lawsuit drags on — inventory that spoils, equipment that depreciates, goods that go out of season. Waiting for a final judgment before deciding what to do with that property can leave the eventual winner holding something worth far less than it was when the case began.
CPLR 2702 addresses that by letting any party move for a court-ordered sale of personal property capable of delivery that is the subject of the action, once it appears likely the property's value will drop substantially while the case is pending. The court decides the manner and terms of the sale.
The section also removes a potential obstacle to a fair sale: any party to the action, including one asserting a claim to the property itself, may buy it at the sale without giving up or weakening that claim. A party doesn't have to sit out the bidding to preserve its position in the underlying dispute.
Frequently Asked Questions
Can a New York court order disputed property to be sold before trial ends?
Yes. CPLR 2702 lets the court order a sale on a party's motion when it appears likely the property's value will drop substantially while the action is pending.
What must I show to get a sale ordered under CPLR 2702?
You must show it is likely the property's value will decrease substantially during the time the action remains pending.
Can a party to the lawsuit bid on property sold under CPLR 2702?
Yes. Any party to the action may purchase the property at the sale.
Does buying property at a judicial sale under CPLR 2702 hurt my claim to it?
No. The statute states a party may purchase at the sale without prejudice to its claim to the property.
Who decides the terms of a sale ordered under CPLR 2702?
The court decides the manner and terms of the sale, tailoring both to what it considers proper for the property involved.
Advisory Committee Notes
This section incorporates CPA §§ 979-a and 980. See the discussion of sale provisions in notes to CPLR § 2701. The words “by any person or persons named in such order” have been omitted as unnecessary. The phrase “in such manner and on such terms” should be sufficient to allow designation of the person to make the sale. The words “if it shall appear likely that its value will be substantially decreased during the pendency of the action” have been used in place of “which may be of a perishable nature or likely to be injured from keeping.” The words employed in former § 980 have been given a broad construction. It has been held that such varied items as storage batteries (Dictograph Products v Yardney Electric Corp. 100 NYS2d 657 (Sup Ct), affd, 277 App Div 1029, 101 NYS2d 225 (1st Dept 1950)), livestock (Riegel v Franzel, 202 App Div 778, 194 NY Supp 907 (4th Dept 1922), reversing 191 NY Supp 126 (Sup Ct 1921)), and shares of corporate stock (Ballantine v Ferretti, 255 App Div 606, 8 NYS2d 436 (1st Dept 1938)) may be considered “of a perishable nature or likely to be injured from keeping.” These cases suggest that former § 980 would apply where it appeared that loss would result to the parties from any decrease in value of the property during the pendency of the action, and this section has been drafted to make that the controlling consideration.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1965, ch 773, § 8, eff Sept 1, 1965.
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: sale of perishable property during lawsuit NYjudicial sale pending litigationcourt ordered sale depreciating propertyparty bidding own lawsuit propertymotion to sell disputed property New York