Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 3. ELECTED OFFICIALS |
Chapter 3. COMPTROLLER |
Section 3-320. Action to recover damages
Latest version.
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a. No action shall be commenced to recover damages under section 3-318 until at least thirty days have elapsed since the demands, claim or claims, upon which such action is founded, were presented to the comptroller for adjustment and the comptroller has neglected or refused to make an adjustment or payment thereof. An allegation to that effect shall be made in a complaint or other pleadings in such an action. An action under section 3-318 shall be commenced within one year and ninety days after the grading shall have been completed. b. Whenever any such award or compensation shall be paid to any person not entitled thereto, it shall be lawful for the person to whom such award or compensation should have been paid to sue for and recover such award or compensation with interest and costs as so much money had and received to his or her use by the person or persons to whom the same shall have been so paid. In the following cases it shall be lawful for the city to pay an award to the commissioner of finance, to be secured, disposed of and invested as the supreme court shall direct when 1. the owners, parties or persons entitled thereto are (a) under a legal disability, or (b) absent from the city or 2. the owners, parties or persons entitled thereto (a) cannot be found after diligent search, or (b) are involved in a dispute as to their title to receive such awards. Such payment shall be as valid and effectual in all respects as if made to the owner or other person entitled thereto.