New York Action To Recover Damages.
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§ 3-320 Action to recover damages. a. No action shall be commenced to
recover damages under section 3-318 until at least thirty days have
elapsed since the demands, claim or claims, upon which such action is
founded, were presented to the comptroller for adjustment and the
comptroller has neglected or refused to make an adjustment or payment
thereof. An allegation to that effect shall be made in a complaint or
other pleadings in such an action. An action under section 3-318 shall
be commenced within one year and ninety days after the grading shall
have been completed.
b. Whenever any such award or compensation shall be paid to any person
not entitled thereto, it shall be lawful for the person to whom such
award or compensation should have been paid to sue for and recover such
award or compensation with interest and costs as so much money had and
received to his or her use by the person or persons to whom the same
shall have been so paid. In the following cases it shall be lawful for
the city to pay an award to the commissioner of finance, to be secured,
disposed of and invested as the supreme court shall direct when
1. the owners, parties or persons entitled thereto are
(a) under a legal disability, or
(b) absent from the city or
2. the owners, parties or persons entitled thereto
(a) cannot be found after diligent search, or
(b) are involved in a dispute as to their title to receive such
awards.
Such payment shall be as valid and effectual in all respects as if
made to the owner or other person entitled thereto.