State Codes and Statutes

Statutes > New-york > Rat > Article-6 > 68

§  68.  Moneys  of  persons  under  disability;  moneys  paid to wrong  persons.  Whenever the owner or any person interested  in  any  property  taken  or affected in such proceedings or in whose favor any such sum or  compensation shall be determined by the final decree  of  the  court  is  under  legal  disability  or absent from such city, and when the name of  the owner or person interested in the property shall not be set forth or  mentioned in the final decree, or when the owner or  person  interested,  although  named in the 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 court to be secured,  disposed of, invested and paid out as the court shall direct,  and  such  payment  shall  be  as valid and effectual in all respects as if made to  the person entitled thereto. And in default of such payment into  court,  the  city shall be and remain liable for such award with lawful interest  thereon from the date of the entry of the order granting the application  to condemn. 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 the same, with lawful interest and costs of  suit,  as  so  much  money  had  and received to his use by the person to whom the same shall  have been so paid. Payment of an award to the person named in the  final  decree  of the court as the owner thereof or person entitled thereto, if  not under legal disability, in the absence of notice in writing  to  the  comptroller of adverse claims thereto, shall protect the city.

State Codes and Statutes

Statutes > New-york > Rat > Article-6 > 68

§  68.  Moneys  of  persons  under  disability;  moneys  paid to wrong  persons.  Whenever the owner or any person interested  in  any  property  taken  or affected in such proceedings or in whose favor any such sum or  compensation shall be determined by the final decree  of  the  court  is  under  legal  disability  or absent from such city, and when the name of  the owner or person interested in the property shall not be set forth or  mentioned in the final decree, or when the owner or  person  interested,  although  named in the 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 court to be secured,  disposed of, invested and paid out as the court shall direct,  and  such  payment  shall  be  as valid and effectual in all respects as if made to  the person entitled thereto. And in default of such payment into  court,  the  city shall be and remain liable for such award with lawful interest  thereon from the date of the entry of the order granting the application  to condemn. 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 the same, with lawful interest and costs of  suit,  as  so  much  money  had  and received to his use by the person to whom the same shall  have been so paid. Payment of an award to the person named in the  final  decree  of the court as the owner thereof or person entitled thereto, if  not under legal disability, in the absence of notice in writing  to  the  comptroller of adverse claims thereto, shall protect the city.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rat > Article-6 > 68

§  68.  Moneys  of  persons  under  disability;  moneys  paid to wrong  persons.  Whenever the owner or any person interested  in  any  property  taken  or affected in such proceedings or in whose favor any such sum or  compensation shall be determined by the final decree  of  the  court  is  under  legal  disability  or absent from such city, and when the name of  the owner or person interested in the property shall not be set forth or  mentioned in the final decree, or when the owner or  person  interested,  although  named in the 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 court to be secured,  disposed of, invested and paid out as the court shall direct,  and  such  payment  shall  be  as valid and effectual in all respects as if made to  the person entitled thereto. And in default of such payment into  court,  the  city shall be and remain liable for such award with lawful interest  thereon from the date of the entry of the order granting the application  to condemn. 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 the same, with lawful interest and costs of  suit,  as  so  much  money  had  and received to his use by the person to whom the same shall  have been so paid. Payment of an award to the person named in the  final  decree  of the court as the owner thereof or person entitled thereto, if  not under legal disability, in the absence of notice in writing  to  the  comptroller of adverse claims thereto, shall protect the city.