N.Y. Highway Law § 310: Damages to be paid before opening the road

§ 310. Damages to be paid before opening the road. The damages

assessed by the jury shall be paid by the party for whose benefit the

road is laid out, before the road is opened or used; but if the jury

shall certify that the necessity of such private road was occasioned by

the alteration or discontinuance of a public highway, such damages shall

be paid by the town and refunded to the applicant.