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action affirmed agreement alleged amended amount answer Appellate Division application attorney authority Bank cause charge claim Company complaint concur condition contract Corporation costs costs and disbursements counsel County death decedent defendant denied determination Digests & Indexes directed dismiss effect entitled evidence executors fact follows give given granted ground held hold husband interest issue John judgment June jurisdiction jury Key-Numbered Digests land lease marriage Matter ment Misc mortgage motion notes notice opinion Order filed paid parties payment person plaintiff present proceeding proof purchase question Realty reason received relator rent respondent reversed rule Second Department securities shares Special statute street Supreme Court testimony thereof third tion topic & KEY-NUMBER trial trust village witness York City