2006 New York Code - Proceeding Upon Failure Of Claimant To File Claim Within Six Months Or To Appear Or Proceed.



 
    §  19.  Proceeding  upon  failure of claimant to file claim within six
  months or to appear or proceed.  1. If a claim which bears interest,  is
  not filed until more than six months after the accrual of said claim, no
  interest  shall be allowed between the expiration of six months from the
  time of such accrual and the time of the filing of such claim.
    2. If, when any such claim is reached for trial, the claimant fails to
  appear or is not ready to proceed to the trial thereof,  the  court,  in
  its  discretion,  may  proceed  forthwith  to  take proofs and testimony
  therein offered by the state or otherwise, and  may  make  an  award  in
  accordance  therewith and cause a judgment to be entered therein. If, in
  such case, the court shall decide not to proceed with the trial or shall
  thereafter  open  claimant's  default  and  restore  the  claim  to  the
  calendar,  the  court  shall  not allow interest upon such claim between
  said date of adjournment or dismissal and the entry of judgment, unless,
  in the exercise of its discretion, for good cause shown, the court shall
  otherwise determine.
    3. Claims may be dismissed for failure to appear or  prosecute  or  be
  restored  to the calendar for good cause shown, in the discretion of the
  court.
    4. Where an award is made for the appropriation by the state  of  real
  property  or any interest therein or for damages to real property caused
  by the state, interest thereon, if any, shall be suspended by the  clerk
  of  the  court in and by the judgment from the expiration of thirty days
  after notification in writing by the attorney-general to the claimant or
  his attorney that the attorney-general is ready and willing  to  approve
  title  to the property covered by the award upon the presentation to him
  of proper  proofs,  instruments  and  vouchers,  to  the  date  of  such
  presentation,  unless  otherwise ordered by the court or a judge thereof
  on an application by the claimant or his attorney,  made  prior  to  the
  entry  of  judgment  and  on  notice  to the attorney-general, showing a
  satisfactory reason why interest should not be suspended.
    Before the entry of judgment, the attorney-general  shall  notify  the
  clerk  of  the  court  in  writing of the period of time, if any, during
  which interest  on  the  award  shall  be  suspended  pursuant  to  this
  subdivision.

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