New York Awards; Deposits Of; Payment Of, To Persons Not Entitled Thereto.




 
    §  5-458  Awards;  deposits  of;  payment  of, to persons not entitled
  thereto. a. Whenever the owner, in whose favor any awards shall be made,
  shall be a minor or incompetent or absent from the city, and also in all
  cases where the name of the owner shall not be set forth or mentioned in
  the final decree, or where such owner, being named  therein,  cannot  be
  found,  or  where  there  are adverse or conflicting claims to the money
  awarded as compensation, it shall be lawful for the comptroller  to  pay
  such  awards  made  in  the  final  decree into the supreme court, to be
  invested, secured, disposed of and paid out as such court shall  direct.
  Such  payment shall be as valid and effectual in all respects as if made
  to such owners according to their just rights, if they  had  been  known
  and had all been present, of full age and competent.
    b. In all cases, however, where any such award, which shall be made in
  the  final  decree  in favor of any person whether named or not named in
  the final decree of the court, shall be paid to any  person  or  persons
  whomsoever,  when the same shall of right belong, and ought to have been
  paid to some other person or persons, it shall be lawful for the  person
  or  persons,  to  whom  the same ought to have been paid, to sue for and
  recover the same, with lawful interest  and  costs  of  suit,  from  the
  person  or  persons,  to  whom the same shall have been paid, as so much
  money had and received to the use of the plaintiff or plaintiffs, by the
  person or persons, respectively, to whom the same  shall  have  been  so
  paid, and the final decree of the court, with proof of payment, shall be
  conclusive evidence of such payment in such suit.