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action administrators affirmed agreement alleged amended amount Appellate Division application authority bank bond building cause certificate charge Civil claim Code Company complaint condition constitute contract Corporation costs counsel County damages death deceased decedent defendant denied Department determination Digests & Indexes directed dismissed effect entitled estimate evidence executed executors existing fact filed follows funds given granted held hold Industrial Insurance interest issue judgment Justice Key Number Digests land lease March Matter ment Misc mortgage motion notice operation opinion paid parcel party payment person plaintiff Practice present prior proceeding proof question reason received record relator respect Respondent rule Second securities share statute street Supreme Court tion topic & KEY trial trust wife York City