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action affirmed agreement alleged amended amount answer Appellate Division application attorney authority bank bond cause charge Civil Practice claim Company complaint concur condition construction contract Corporation costs counsel County damages death deceased defendant denied Department determination Digests & Indexes directed dismissed effect entitled evidence execution executors facts follows fund give given granted held hold Insurance interest issue John judgment Key-Numbered Digests land landlord lease legacy lien limitation Matter ment Misc mortgage motion named notice opinion Order filed paid party payment person plaintiff premises present proceeding purchase question Realty reason received record referred relation respect respondent reversed rule Second Department shares specific statute Supreme Court tenant Third tion topic & KEY-NUMBER trial trust wife York City