New York Awards And Costs; When, How And To Whom Paid.




 
    §  5-457  Awards and costs; when, how and to whom paid. a. All damages
  awarded by the court, and all costs and expenses which may be  taxed  in
  the  proceeding,  shall  be  paid  by the city to the respective persons
  mentioned or referred to in the final decree of the court  or  in  whose
  favor  such  costs  and  expenses  shall  be taxed. In a capital project
  proceeding, such costs and expenses shall be deemed part of the cost  of
  the  acquisition of land or permanent rights in land and may be financed
  in the same manner as the acquisition of land  or  permanent  rights  in
  land.
    b.  Whenever  the  amount  of  damages  awarded  in  any final decree,
  together with the costs which shall have been taxed in  the  proceeding,
  shall  exceed the balance remaining in the fund, from which such amounts
  are  payable,  after  deducting  all  outstanding  claims  against  such
  balance,  the court, upon proper application of an owner or other person
  entitled to such excess, shall require the city to issue and sell serial
  bonds the proceeds of which shall be paid into such fund  to  meet  such
  deficiency.
    c. In default of payment, in a capital project proceeding, the owners,
  or  other persons entitled to be paid, 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 suit.
    d.  Except  when any sum or sums of money shall in the final decree be
  made to "unknown owners", the supreme court, upon the application of the
  city or of any person entitled to or claiming to be  interested  in  the
  lands,  tenements or hereditaments for which such awards have been made,
  or any part thereof, shall either direct the same to be retained by  the
  comptroller,  or  to  be  paid  into  the  supreme court until the title
  thereto or the respective interests and estates of all  parties  therein
  shall  be  determined  by the court. Upon such application the court may
  take the proofs and testimony of the claimant or  claimants  or  parties
  interested in the lands for which the awards have been made or refer the
  matter to a referee for such purpose.