2023 New York Laws › RAT - Rapid Transit › Article 6 - Acquisition of Property by the City › 58 - Order Granting Application to Condemn.

§  58.  Order  granting application to condemn.  At the time and place
  mentioned  in  such  notice,  unless  the  court  shall   adjourn   such
  application to a subsequent date, and in that event at the time to which
  it  may  be  adjourned, the court, upon due proof to its satisfaction of
  the publication aforesaid and upon filing the petition, shall  enter  an
  order granting the application, which order shall be filed in the office
  of  the  clerk  of  the  county  in which the property to be acquired is
  situated. The corporation counsel shall cause to  be  published  in  two
  public  newspapers  published  in  the city twice a week for two weeks a
  notice containing a general description of the property to  be  acquired
  or affected and requiring every owner of or person in any way interested
  in  any  property  taken or extinguished in such proceeding to file with
  the clerk of the court of the county in which such property is situated,
  on or before a date specified in the notice, a written claim  or  demand
  duly  verified  in  the  manner  provided by law for the verification of
  pleadings in an action, setting forth the property owned by the claimant
  and his post office address, together  with  an  inventory  or  itemized
  statement of the fixtures, if any, for which compensation is claimed. In
  case such claim or demand for compensation in respect of any fixtures is
  made  by  a lessee or tenant of the real property to be acquired, a copy
  of such verified claim  or  demand,  together  with  such  inventory  or
  itemized statement, shall be served upon the owner of such real property
  or  his  attorney.   The claimant or his attorney shall at the same time
  serve on the corporation counsel a copy  of  such  verified  claim.  The
  proof  of  title  to  the property to be acquired or extinguished in all
  cases  where  it  is  undisputed,  together  with  proof  of  liens   or
  encumbrances  thereon,  shall  be  submitted  by  the  claimant  to  the
  corporation counsel or to such assistant as  he  shall  designate.  Such
  corporation  counsel  shall  serve on all parties or their attorneys who
  have served on him verified claims a notice of the  time  and  place  at
  which  he will receive such proof of title. In all cases where the title
  of the claimant is disputed, it shall  be  the  duty  of  the  court  to
  determine the ownership of such property upon the proof submitted to the
  court  during  the  trial  of  the proceeding. The court shall also have
  power to determine all questions of title incident to the trial  of  the
  proceeding.  After  all parties who have filed verified claims as herein
  provided have proved their title or have failed to  do  so  after  being
  notified by the corporation counsel of the time and place when and where
  such  proof  of  title would be received by him, the corporation counsel
  shall serve upon all parties or their attorneys who have appeared in the
  proceeding a notice of trial thereof and file a notice of issue with the
  clerk of the court of the county in which the trial is to  be  had.  The
  trial  shall be had in such county within the judicial district in which
  the property affected by the proceeding is situated as  the  corporation
  counsel  shall  designate  in  the  notice of trial. The notice of trial
  shall be served at least ten days before, and the note of issue shall be
  filed at least eight days before the date for which the same is  noticed
  for  trial.  The  note  of  issue  shall  briefly state the title of the
  proceeding, the date and place of the entry of the  order  granting  the
  application  to condemn, the names and addresses of the parties who have
  filed claims, the names and addresses of their respective attorneys, and
  a brief statement as to the extent of the property to be  acquired.  The
  clerk  of  the court must thereupon enter the proceeding upon the proper
  calendar according to the date of the entry of the  order  granting  the
  application to condemn. When notice of trial has been served and note of
  issue  filed,  the  proceeding must remain on the calendar until finally
  disposed of. It shall be  the  duty  of  the  justice  trying  any  such
  proceeding  to  view the property to be thereby acquired or extinguished

  and if he shall deem a view of the  property  in  the  vicinity  of  the
  property  to  be  acquired or extinguished necessary or useful, he shall
  make such view. Where  title  to  real  property  being  acquired  in  a
  proceeding  shall  have  been  vested  in  the  city,  and  buildings or
  improvements situated thereon shall have been removed  or  destroyed  by
  the  city or the board of transportation or pursuant to the authority of
  either the city or the board prior to the trial of the  proceeding,  and
  thereby  the  justice trying the proceeding is deprived of a view of the
  buildings or improvements so removed or destroyed,  the  fact  that  the
  justice  did  not  have a view thereof shall not preclude the court from
  receiving on the trial of the proceeding testimony and  evidence  as  to
  the  damage  sustained  by  the claimant by reason of the taking thereof
  when offered on behalf of either the claimant or the city.