Where the court has directed disposition of personal property capable of delivery and the direction is disobeyed, the court by order, in addition to punishing the disobedience as a contempt, may require the sheriff to take and dispose of the property in accordance with its direction.
§ 2703.Enforcement of order directing disposition of property
Article 27. Disposition of Property in Litigation · Last amended 1964 · Last verified July 21, 2026
In one sentenceCPLR 2703 lets a court punish disobedience of a property-disposition order as contempt and, beyond that, direct the sheriff to seize and dispose of the property in accordance with the court's original order.
Full Text of CPLR 2703
Plain-English Summary
An order under CPLR 2701 or 2702 doesn't do much good if the party holding the property refuses to hand it over or sell it as directed. CPLR 2703 backs those orders with real enforcement power: where a disposition order is disobeyed, the court can punish that disobedience as a contempt.
It doesn't stop there. The court can also require the sheriff to step in, take the property, and dispose of it in accordance with the original direction — so compliance doesn't depend on the disobedient party ever coming around. Between contempt sanctions and direct seizure, the court has a way to make its disposition order stick regardless of resistance.
Frequently Asked Questions
What happens if someone refuses to comply with a New York court's property disposition order?
The court may punish the disobedience as a contempt and, in addition, order the sheriff to take and dispose of the property in accordance with the court's original direction.
Can a sheriff seize property under CPLR 2703?
Yes. When a disposition order is disobeyed, the court may require the sheriff to take and dispose of the property as the order directed.
Is contempt the only remedy for disobeying a CPLR 2701 order?
No. CPLR 2703 lets the court combine a contempt sanction with an order directing the sheriff to seize and dispose of the property.
Does CPLR 2703 apply to orders directing a sale under CPLR 2702?
Who enforces a court order to hand over litigation property in New York?
The sheriff can be directed to enforce it by taking and disposing of the property, on top of whatever contempt sanction the court imposes for the disobedience.
Advisory Committee Notes
This section is derived from part of CPA § 979. Although those portions of former § 979 which applied to equitable judgments ordering the delivery of property are covered by CPLR § 5102, the last sentence has been added to make it clear that the traditional authority of a court of equity to require a sheriff to convey the property by himself executing a deed is continued.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1964, ch 262, § 1, eff Sept 1, 1964.
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: enforce property disposition order NYsheriff seize litigation propertycontempt for disobeying property orderenforcement of court order property article 27