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140 New York action affirmed agreed agreement alleged amount appeal Appellate Division application appointment Argued attorney authority building cause Cent certificate charge claim Code Company complaint condition contract corporation costs counsel damages death defendant defendant's denied Department determined directed duty effect entitled evidence examination execution fact filed follows given granted ground held interest issue judgment jury justice land matter mortgage motion N. Y. Supp negligence notice objection obtained owner paid party payment person plaintiff possession premises presented proceedings purchase question railroad reason received recover referred refused relator respondent reversed rule sell Special statute street sufficient Supreme Court Term thereof tion trial trust witnesses York State Reporter