Opinion
February 10, 1961.
Motion by a former fee owner for a direction for payment of a condemnation award free of a mortgage lien. The mortgagee defaulted but the application was opposed by the city. The Supreme Court, Special Term, Part X, George M. Carney, J., held that a condemnation court has jurisdiction to finally determine who shall be the recipient of a condemnation award and to dispose of all matters having to do with controversies between the parties having an interest in the property acquired.
Motion granted in part.
Eminent Domain 158
A condemnation court has jurisdiction to finally determine who shall be recipient of condemnation award and to dispose of all matters having to do with controversies between parties having an interest in property acquired in condemnation proceeding. Civil Practice Act, § 47-a; Real Property Law, §§ 340, 500, subd. 4, 500b.