This text of New York § 128 (Filing of instruments assigning or pledging awards) 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.
§ 128. Filing of instruments assigning or pledging awards. In the\ncase of the pledge, sale, transfer or assignment of an award by the\nperson entitled to receive the same by virtue of the final decree of the\ncourt in a condemnation proceeding, or by other order of the court, the\ninstrument evidencing such pledge, sale, transfer or assignment,\nacknowledged or proved as instruments are required to be acknowledged or\nproved for the recording of instruments affecting real property, shall\nbe filed in the office of the secretary of the authority, who shall\nendorse on such instrument its number and the hour, day, month and year\nof its receipt. If such final decree or other order was obtained by the\nmunicipality on behalf of or for the benefit of the authority, a\nduplicate original of
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§ 128. Filing of instruments assigning or pledging awards. In the\ncase of the pledge, sale, transfer or assignment of an award by the\nperson entitled to receive the same by virtue of the final decree of the\ncourt in a condemnation proceeding, or by other order of the court, the\ninstrument evidencing such pledge, sale, transfer or assignment,\nacknowledged or proved as instruments are required to be acknowledged or\nproved for the recording of instruments affecting real property, shall\nbe filed in the office of the secretary of the authority, who shall\nendorse on such instrument its number and the hour, day, month and year\nof its receipt. If such final decree or other order was obtained by the\nmunicipality on behalf of or for the benefit of the authority, a\nduplicate original of such instrument must also be filed in accordance\nwith the provisions of any general, special or local law applicable to\nawards payable by such municipality. If an assignment of an award shall\nbe contained in an instrument recorded in the office in which\ninstruments affecting real property are by law required to be recorded,\na certified copy thereof may be filed in the office of the secretary of\nthe authority in place of the original. An alphabetical index shall be\nkept under the name of the pledgor or assignor and of the pledgee or\nassignee, stating the title of the proceeding, the time of the filing of\nthe instrument, the file number thereof, and what part of the award is\nassigned thereby. A memorandum of the file number of the instrument\nshall be made by the secretary of the authority on the duplicate decree\nof a court, opposite the place where the amount of the award so assigned\nis set forth. Every such instrument not so filed shall be void as\nagainst any subsequent pledgee or assignee in good faith and for a\nvaluable consideration from the same pledgor or assignor, his heirs,\nadministrators or assigns, of the same award or any portion thereof, the\nassignment of which is first duly filed in the office of the secretary\nof the authority. Payment to the assignee or pledgee shown to be\nentitled to the award by such record in the office of the secretary of\nthe authority shall protect the authority from liability to any other\nperson or persons.\n