US Laws, Codes, Statutes & Cases

 
    §  5-333  Discontinuance  of  proceedings  by the mayor. The mayor may
  effect a discontinuance of any proceeding as to the whole or a  part  of
  the lands to be acquired in such proceeding, at any time before title to
  the  real property to be thereby acquired shall have vested in the city,
  and may cause new proceedings to be taken for the condemnation  of  such
  real  property.  In case of such discontinuance, however, the city shall
  adhere to the provisions of section seven hundred  two  of  the  eminent
  domain  procedure  law  and  the  reasonable  actual cash disbursements,
  necessarily incurred and made in good faith  by  any  party  interested,
  shall  be  paid  by  the city, after the same shall have been taxed by a
  justice of the supreme court, upon ten days'  notice  of  such  taxation
  being   previously  given  to  the  corporation  counsel,  provided  the
  application to have such disbursements taxed shall be made and presented
  to the court within one year after the action  of  the  mayor.  For  the
  purposes  of this section, the fair and reasonable value of the services
  of an attorney retained  by  any  interested  party  to  represent  such
  party's  interests  in  said  condemnation  proceedings,  whether  on  a
  contingent fee basis or otherwise, if such  retainer  be  made  in  good
  faith,  shall  be  deemed to be an actual cash disbursement, necessarily
  incurred by such interested party and  shall  be  taxable  in  the  same
  manner as other disbursements.  The amounts taxed as disbursements shall
  be  due and payable thirty days after written demand for payment thereof
  shall have been filed with the comptroller.