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Within twenty days after the making, entry and service of the final decree, either party may appeal by notice, in writing, to the appellate division of the supreme court of the judicial department in which the real estate described in the petition and shown on the map is situated. Such appeal shall be heard, on due notice thereof being given, according to the rules and practice of such court, and pending such appeal the comptroller shall deposit in such trust company as the court shall direct, the amount of the award, with interest to the date of such deposit and the funds so deposited shall remain with the trust company, subject to the further order of the court. On the hearing of such appeal the court may direct a new trial by the supreme court and either party if aggrieved, may take a further appeal, which shall be heard and determined by the court of appeals. If the amount of compensation to be made by the city shall be increased at the second trial, the difference shall be paid by the comptroller to the parties entitled to the same, or shall be deposited, as the court may direct; and if the amount shall be diminished, the difference shall be refunded to the city by the trust company. The taking of an appeal by any person or persons, however, shall not operate to stay the proceedings under this subchapter, providing such award and interest have been deposited.
The comptroller, within four calendar months after the making and entry of the final decree, shall pay to the respective owners and bodies, politic or corporate, mentioned or referred to in such decree, in whose favor any sum or sums of money shall be determined, the respective sum or sums so determined in their favor respectively, with lawful interest thereon, from the date title to the real property vested. In case of neglect or default in the payment of the same within such time, the respective person or persons, or bodies, politic or corporate, in whose favor the same shall be so determined, his, her or their executors, administrators, legal representatives or successors, at any time or times, after application first made by him, her or them to the comptroller, for payment thereof, may sue for and recover the same, with such lawful interest and the costs of suit, in any proper form of action against the city in any court having cognizance thereof, and in which it shall be sufficient to declare generally for so much money due to the plaintiff or plaintiffs therein by virtue of this subchapter, for real estate taken or affected for the purposes herein mentioned. The final decree, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded shall be conclusive evidence in such suit or action, and entitle plaintiff to judgment therein.
a. Payment of the compensation awarded in the final decree to the person or persons, corporation, or body politic named therein, (if not infants or persons of unsound mind) shall, in the absence of notice to the city of other claimants to such award, protect the city.
b. Where, however, any such sum or sums, or compensation, determined in favor of any person or persons, or party or parties, whatsoever, whether or not named in such report, shall be paid to any person or persons, or party or parties, when the same shall of right belong and should 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 suits, 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.
Whenever:
1. The owner or owners, person or persons interested in any real estate taken or affected in the proceedings, or in whose favor any such sum or sums or compensation shall have been determined, shall be under the age of twenty-one years, of unsound mind, or absent from the state of New York, or
2. 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 final decree, or
3. Such owner or owners, person or persons, being named therein cannot, upon diligent inquiry, be found or
4. There are adverse or conflicting claims to the money awarded as compensation.
It shall be lawful for the city to pay the sum or sums determined to be payable to, or to which such owner or owners, person or persons, respectively, shall be entitled, with interest, thereon into such trust company as the court may direct. Such deposit shall be 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 directly to the owner or owners, person or persons interested therein, respectively, according to their just rights.
The supreme court of the judicial district in which the real estate is situated shall have power at any time to correct any defect or informality in any of the special proceedings authorized by this subchapter as may be necessary, or to cause other property to be included therein, and to direct such further notices to be given to any party in interest, as it deems proper. If, in any particular, it shall, at any time, be found necessary to amend any pleading or proceeding, or supply any defect therein, arising in the course of any special proceeding authorized by this subchapter, the same may be amended or supplied in such manner as shall be directed by the supreme court, which is hereby authorized to make such amendment or correction.
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