This text of New York § 19 (Proceeding upon failure of claimant to file claim within six months or to appear or proceed) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 19. Proceeding upon failure of claimant to file claim within six\nmonths or to appear or proceed.
1.If a claim which bears interest, is\nnot filed until more than six months after the accrual of said claim, no\ninterest shall be allowed between the expiration of six months from the\ntime of such accrual and the time of the filing of such claim.\n 2. If, when any such claim is reached for trial, the claimant fails to\nappear or is not ready to proceed to the trial thereof, the court, in\nits discretion, may proceed forthwith to take proofs and testimony\ntherein offered by the state or otherwise, and may make an award in\naccordance therewith and cause a judgment to be entered therein. If, in\nsuch case, the court shall decide not to proceed with the trial or shall\nthereafter open c
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§ 19. Proceeding upon failure of claimant to file claim within six\nmonths or to appear or proceed. 1. If a claim which bears interest, is\nnot filed until more than six months after the accrual of said claim, no\ninterest shall be allowed between the expiration of six months from the\ntime of such accrual and the time of the filing of such claim.\n 2. If, when any such claim is reached for trial, the claimant fails to\nappear or is not ready to proceed to the trial thereof, the court, in\nits discretion, may proceed forthwith to take proofs and testimony\ntherein offered by the state or otherwise, and may make an award in\naccordance therewith and cause a judgment to be entered therein. If, in\nsuch case, the court shall decide not to proceed with the trial or shall\nthereafter open claimant's default and restore the claim to the\ncalendar, the court shall not allow interest upon such claim between\nsaid date of adjournment or dismissal and the entry of judgment, unless,\nin the exercise of its discretion, for good cause shown, the court shall\notherwise determine.\n 3. Claims may be dismissed for failure to appear or prosecute or be\nrestored to the calendar for good cause shown, in the discretion of the\ncourt.\n 4. Where an award is made for the appropriation by the state of real\nproperty or any interest therein or for damages to real property caused\nby the state, interest thereon, if any, shall be suspended by the clerk\nof the court in and by the judgment from the expiration of thirty days\nafter notification in writing by the attorney-general to the claimant or\nhis attorney that the attorney-general is ready and willing to approve\ntitle to the property covered by the award upon the presentation to him\nof proper proofs, instruments and vouchers, to the date of such\npresentation, unless otherwise ordered by the court or a judge thereof\non an application by the claimant or his attorney, made prior to the\nentry of judgment and on notice to the attorney-general, showing a\nsatisfactory reason why interest should not be suspended.\n Before the entry of judgment, the attorney-general shall notify the\nclerk of the court in writing of the period of time, if any, during\nwhich interest on the award shall be suspended pursuant to this\nsubdivision.\n