New York Action To Recover Damages.




 
    §  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.