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action affirmed agreement alleged amended amount Appellate Division application attorney authority bank building cause of action charge Civil Practice Act claim Company complaint concur condition contract Corporation costs costs and disbursements counsel County damages death defendant defendant's denied determine Digests & Indexes directed dismiss district effect entitled evidence executor facts February follows gift granted ground held husband intention interest January January 11 judgment justice Key-Numbered Digests lease liability lien limitations Matter ment Misc mortgage motion notice opinion Order filed paid parties payment performance person plaintiff premises present proceeding purchaser question Realty reason received record recover reference relation Respondent reversed rule Second Department Special statute Supreme Court Term tion topic & KEY-NUMBER trial trust wife York City