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.
§ 5102.Enforcement of judgment or order awarding possession of real property or a chattel
Article 51. Enforcement of Judgments and Orders Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5102 explains how a judgment awarding possession of real property or a chattel gets enforced: an execution describing the property directs the sheriff to deliver possession, with special rules for chattels that can't be found and for a deceased losing party.
Full Text of CPLR 5102
Plain-English Summary
Winning a case for possession — ejectment, replevin, or the like — doesn't put you back in your house or get your car returned by itself. This section supplies the enforcement mechanism: an execution that particularly describes the property and names the party the judgment awards it to, following the same form requirements as CPLR 5230, but directing the sheriff to deliver possession instead of collecting money.
Chattel cases get an extra layer. When a judgment awards possession of a chattel and, in the alternative, its value, the execution also directs the sheriff to levy on the debtor's property as if enforcing a money judgment, if the chattel itself can't be found in the sheriff's county.
The section also handles a losing party's death. After a party against whom a possession judgment was entered dies, the court can grant leave to issue the execution on twenty days' notice, served like a summons, to the people occupying the property and to the deceased party's heirs or devisees.
Frequently Asked Questions
How does a plaintiff who won possession of real property get someone removed?
Through an execution under CPLR 5102 that describes the property and directs the sheriff to deliver possession to the party the judgment names.
What if the chattel a plaintiff won in a replevin action can't be located?
If the judgment also awarded the chattel's value in the alternative, the sheriff can levy on the debtor's property instead, the same way as enforcing a money judgment.
What happens if the losing party dies before turning over the property?
The court can grant leave to issue the execution on twenty days' notice, served like a summons, to the occupants and to the deceased party's heirs or devisees.
Does CPLR 5102 apply to both real property and personal property cases?
Yes. It covers judgments or orders awarding possession of either real property or a chattel.
What form does the execution under this section have to follow?
The same requirements as CPLR 5230, except that it directs the sheriff to deliver possession of the described property rather than to collect money.
Advisory Committee Notes
(See also Advisory Committee notes preceding § 5101, under subheading “Judgment awarding possession of property.”).
The first two sentences of this section replace subd 2 and 3 of CPA § 504, subd 3 and 4 of § 638, and § 644. They are stated broadly enough to cover not only the actions specified in former § 504, but any action that may result in a judgment awarding possession of real property or a chattel, such as one to compel the determination of a claim to real property (Real Prop Law § 506) or an action for waste. Id. § 523.
There was no express provision of the civil practice act or rules which defined the contents of an execution on a judgment for dower, despite the fact that § 504(2) permitted enforcement by execution. Under the provisions of the Real Property Law, a successful action for dower results in an interlocutory judgment for admeasurement. Real Prop Law § 471. Thereafter, if a distinct parcel is admeasured, final judgment granting life possession of the parcel is rendered; if this is impracticable, the final judgment awards a sum of money to be paid in installments during the plaintiff’s life. Id. § 476. If the plaintiff elects to accept a gross sum, the final judgment awards title in fee simple to property admeasured and the proceeds of any property that must be sold. Id. §§ 482, 483, 488. A final judgment in an action for dower may also award damages. Id. § 476.
Since an action for dower may result in a judgment for payment of money or possession of realty or both, the provisions of former §§ 638(3) and 644 would appear to be applicable to such a judgment, or any part, which awards possession and the general execution provisions would appear to be applicable to those judgments or parts of judgments which award money. For this reason, § 5102, which includes only the requirements for an execution upon a judgment awarding possession, is limited to the part of a judgment for dower which awards possession.
The provisions of former § 644 for a combined execution have been deleted. Although no prohibition of such an execution should be implied thereby, the better practice would seem to be the issuance of two executions, each containing its particular directions.
The third sentence of the section is derived from CPA § 1126.
The last sentence of this section is derived with minor language changes from the first paragraph of CPA § 655. In contrast to the first two sentences of this section, it applies only to judgments awarding possession of real property. The remaining paragraph of former § 655 is covered by § 5208.
Amendment History
Add, L 1962, ch 308; amd, L 1963, ch 531, § 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: enforce judgment for possession New Yorkexecution for possession of real propertyreplevin judgment enforcement New Yorksheriff deliver possession execution