Section 5-396. Payment to trust company to the credit of the owner; suit to determine the rightful owner  


Latest version.
  • Whenever the owner or  owners,  person  or  persons  interested  in  any  real  estate  taken  or  affected  in such
      proceedings, or in whose favor any such  sum  or  sums  or  compensation
      shall  be  so  reported  shall  be under the age of twenty-one years, of
      unsound mind, or absent from the state of New  York,  and  also  in  all
      cases  where the name or names of the owner or owners, person or persons
      interested in any such real estate shall not be set forth  or  mentioned
      in  such  report,  or where the owner or owners, person or persons being
      named therein, can not upon diligent inquiry be found,  or  where  there
      are adverse or conflicting claims to the moneys awarded as compensation,
      it shall be lawful for the city to pay the sum or sums mentioned in such
      report,  payable,  or  that  would  be  coming  to such owner or owners,
      persons or persons respectively,  with  interest  aforesaid,  into  such
      trust  company  as the court may in the order of confirmation direct, to
      the credit of such owner or owners, person or persons, and such  payment
      shall  be  as  valid  and  effectual, in all respects as if made to such
      owner or owners, person  or  persons  interested  therein  respectively,
      themselves, according to their just rights. In all cases, however, where
      any  such  sum or sums or compensation, reported by the commissioners in
      favor of any person or persons or party or parties, whatsoever,  whether
      named or not named in such report shall be paid to any person or persons
      or party or parties, whomsoever, when the same shall of right belong and
      ought  to  have  been  paid to some other person or persons, or party or
      parties, it shall be lawful for  the  person  or  persons  or  party  or
      parties to whom the same ought to have been paid, to sue for and recover
      the same with lawful interest and costs of suit as so much money had and
      received  to  his,  her  or their use by the person or persons, party or
      parties, respectively, to whom the same shall have been so paid.