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action affirmed agreed agreement alleged amended amount Appellate Division application attorney authority Bank building cause charge Civil claim Company complaint concur condition constitute contract Corporation costs counsel County damages death defendant denied Department determination Digests & Indexes directed dismiss district easements entitled established evidence facts finding follows funds give granted ground held hold Insurance interest issue John judgment July June 23 jury Key-Numbered Digests land lease limited Matter ment Misc motion notice opinion Order filed owner paid parties payment person plaintiff Practice present proceeding purchase question reason received record reference relator respect respondent reversed rule Second Department Special statute street Supreme Court Term testimony Third tion topic & KEY-NUMBER town trial trust wife York City