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action affirmed agreement alleged amended amount answer Appellate Division application authority award Bank Board building cause charge Civil claim Company complaint condition Constitution construction contract Corporation costs counsel County damages death deceased decedent defendant defendant's denied Department determination Digests & Indexes directed dismissed effect entitled evidence executed executor existing fact filed follows further give given granted held hold intention interest issue John judgment jurisdiction jury Key-Numbered Digests Matter ment Misc mortgage motion named notice opinion paid parties payment petitioner plaintiff Practice present proceeding question Realty reason received relation respect respondent result reversed rule Second securities share statute street Supreme Court thereof third tion topic & KEY-NUMBER trial trust verdict York City