Section 63. Partial payment of awards  


Latest version.
  • In  any proceeding instituted
      pursuant to the provisions of this chapter for the acquisition of  title
      to property by the city, in which title thereto shall have become vested
      in  the  city  by  virtue  of  the  entry of an order in compliance with
      section sixty-two of this chapter, the city shall be authorized  to  pay
      to  the  person  entitled  to  an  award  for  property acquired in such
      proceeding, in advance of the final determination of his damages, a  sum
      equal  to  seventy-five  per  centum  of  the assessed valuation of such
      property less the liens and encumbrances of record thereon.  Before  any
      such  advance  payment  shall  be made the comptroller shall procure the
      certificate of the corporation counsel showing that the person  to  whom
      payment  is  to  be  made  is the person legally entitled to receive the
      same. If the city shall authorize a partial payment in  advance  to  any
      person  entitled  to  an  award, interest on the sum so authorized to be
      paid in advance shall cease to run five days  after  such  person  shall
      have been notified by mail or otherwise that the comptroller is ready to
      pay the same. In case the person entitled to an award at the date of the
      vesting  of  title to the property in the city shall have transferred or
      assigned his claim, such transfer or assignment made by him, or  by  his
      successor  in interest or legal representative, shall not become binding
      upon  the  city  unless  the  instrument  evidencing  such  transfer  or
      assignment  shall  have  been  executed  and  filed in the office of the
      comptroller as provided in this  chapter,  prior  to  any  such  advance
      payment.  When  any  such  advance  payment  shall  have  been made, the
      comptroller, on paying the awards made for the property acquired,  shall
      deduct  from  the  total amount allowed as compensation the sum advanced
      plus interest thereon from the date of the payment of  such  advance  to
      the date of payment of the final award, and the balance shall be paid as
      provided  by  this  article.  In case an advance payment shall have been
      authorized and the person entitled thereto shall have been  notified  by
      mail  or  otherwise  that  the comptroller is ready to make such advance
      payment, interest on the amount so authorized to be paid in advance from
      a date five days after notification by the comptroller that he is  ready
      to  make  such  advance  payment to the time the person entitled thereto
      shall accept such advance payment, shall be deducted by the  comptroller
      on  paying  the  awards  therefor  from  the  total  amount  allowed  as
      compensation to such person.   Such advance payment  shall  be  made  in
      accordance with the provisions of section sixty-nine of this chapter.