A court reversing or modifying a final judgment or order or affirming such a reversal or modification may order restitution of property or rights lost by the judgment or order, except that where the title of a purchaser in good faith and for value would be affected, the court may order the value or the purchase price restored or deposited in court.
§ 5523.Restitution.
Article 55. Appeals Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5523 lets a court that reverses or modifies a judgment or order -- or affirms such a reversal or modification -- order restitution of property or rights lost under it, while protecting a good-faith purchaser for value by substituting value or price for the property itself.
Full Text of CPLR 5523
Plain-English Summary
Winning an appeal can mean more than a favorable ruling on paper; CPLR 5523 lets the court order restitution of whatever property or rights the losing party lost because of the judgment or order that got reversed or modified. This applies not only to the court that does the reversing or modifying, but also to a later court that affirms that reversal or modification, closing a gap that once let a second appellate court avoid ordering restitution on the ground that it was affirming rather than reversing.
The section also protects innocent third parties: where restoring the actual property would affect the title of a good-faith purchaser for value, the court can instead order the purchase price or the property's value restored or deposited with the court, so the purchaser's title stays intact while the original party still gets made whole in money.
Frequently Asked Questions
Can I get my property back after winning on appeal?
Often, yes. CPLR 5523 lets a court that reverses or modifies the judgment or order that caused the loss (or that affirms such a reversal or modification) order restitution of the property or rights lost under it.
What if the property was already sold to someone who did not know about the appeal?
If restoring the property would affect the title of a good-faith purchaser for value, CPLR 5523 lets the court order the purchase price or value restored or deposited in court instead of unwinding the sale.
Does CPLR 5523 apply only to the court that first reverses a judgment?
No. It also applies to a court that affirms an earlier reversal or modification, so restitution is not limited to the court that first changed the outcome.
Does restitution under CPLR 5523 cover rights as well as property?
Yes. The section covers restitution of property or rights lost by the reversed or modified judgment or order, not just tangible property.
Do I need a separate motion to obtain restitution after winning my appeal?
Restitution is ordered by the court that reverses, modifies, or affirms a reversal or modification, so it is typically requested as part of that same appellate decision rather than through a wholly separate proceeding.
Advisory Committee Notes
This section is derived from CPA § 587, which seemed to prevent an appellate court which had affirmed a reversal or modification of another appellate court from ordering restitution. See Market Nat’l Bank of N.Y. v Pacific Nat’l Bank, 102 NY 464, 466, 7 NE 302, 303 (1886). This section gives the appellate court that power. Although the wording of § 587 is shortened, no other change is intended. This section, as well as § 587, is permissive and not exclusive. The court of original instance also possesses the power to order restitution. See, e.g., Bower v Palmer, 258 App Div 414, 17 NYS2d 61 (3d Dept 1940); Laranga v Laranga, 184 Misc 62, 54 NYS2d 618 (NY C Ct 1945). The victor may also resort to his common-law remedy of an action for restitution. See Haebler v Myers, 132 NY 363, 30 NE 963 (1892). The words “purchaser in good faith and for value” have been retained verbatim in order to leave unaltered existing case law interpreting them. A plaintiff in a foreclosure action who bids in property on a sale held pursuant to a judgment in the action is not “a purchaser in good faith and for value.” Nirenstein v Bowery Sav. Bank, 259 App Div 737, 18 NYS2d 450 (2d Dept 1940). A purchaser of property for full value with notice of the pendency of an appeal concerning the property is a purchaser in “good faith” when there is no outstanding lis pendens against the property at the time of purchase. See Revelone, Inc. v Arlind Realty Corp. 274 App Div 656, 87 NYS2d 52 (1st Dept), affd, 299 NY 667, 87 NE2d 60 (1949).
Amendment History
Add, L 1962, ch 308, 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: restitution after reversal New Yorkget property back after winning appealgood faith purchaser appeal reversalCPLR 5523 restitution