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action affirmed agreement alleged amended amount Appellate Division application attorney authority Bank Board building cause charge Civil Practice claim Company complaint condition consideration construction contract Corporation costs counsel County damages death deceased decedent defendant defendant's denied Department determined Digests & Indexes direct dismiss district entitled evidence examination execution executor facts follows fraud fund give given granted held hold income interest issue judgment Key-Numbered Digests lease leave liability lien Matter ment Misc mortgage Motion named notice November opinion Order filed paid parties payment person plaintiff present prior proceeding purchaser question Realty reason receiver record Respondent rule Second Department shares statute Supreme Court term third tion topic & KEY-NUMBER transfer trial trust wife York City