New York Damages; When, How And To Whom Paid.
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§ 5-327 Damages; when, how and to whom paid. a. All damages awarded by
the court, with interest thereon from the date title to the real
property acquired shall have vested in the city and all costs, charges
and expenses which may have been taxed shall be paid by the city to the
respective owners mentioned or referred to in the final decree or to the
persons in whose favor such costs, charges and expenses were taxed, as
hereinafter provided.
b. In a capital project proceeding, payment shall be made within two
calendar months after the entry of the final decree. In default of such
payment, the owners or other persons entitled to be paid in the
proceeding may at any time after application first made to the
comptroller therefor, sue for and recover the amount due, with lawful
interest, and the costs of such suit. Upon the application to the
comptroller for payment, the applicant may state that any outstanding
taxes, assessments or other liens may be deducted from the amount
otherwise payable, and in that event, the fact that there are
outstanding taxes, assessments or other liens shall not impair or
invalidate such application nor operate as a bar to the collection of
interest upon the amount awarded less the amount of such outstanding
taxes, assessments or other liens.
c. Payment of an award to a person named in the final decree as the
owner thereof, if not under legal disability, shall in the absence of
notice in writing to the comptroller of adverse claims thereto, protect
the city.
d. Where an award shall be paid to a person not entitled thereto, the
person to whom it ought to have been paid may sue for and recover such
award, with lawful interest and costs of suit, as so much money had and
received to his or her use by the person to whom the same shall have
been paid.
e. 1. When an owner in whose favor an award shall have been made in a
final decree, shall be under legal disability or absent from the city,
and when the name of the owner shall not be set forth or mentioned in
the final decree or when the owner, although named in such decree,
cannot, upon diligent inquiry, be found, or where there are adverse or
conflicting claims to the money awarded as compensation, the city shall
pay such award into the supreme court, to be secured, disposed of,
invested or paid out as such court shall direct, and such payment shall
be as valid and effectual in all respects as if made to the owner or
other person entitled thereto.
2. In default of such payment into court, the city shall be and remain
liable for such award, with lawful interest thereon from the date upon
which title to the real property for which said award was made vested in
the city, in a capital project proceeding.