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accordance action affirmed agreed agreement alleged allowed amount answer Appellate Division application attorney authority Bank bond cause charge claim commissions Company complaint concur condition contract Corporation costs counsel County death deceased defendant denied Department deposit determination Digests & Indexes directed disbursements dismissed effect entered entitled evidence executed executor fact follows funds further given granted held hold interest issue John judgment jury Justice Key Number Digests land lien March Matter ment Misc mortgage motion notice opinion Order filed owner paid party payment person plaintiff present proceeding question reason received remain respect respondent reversed rule securities shares statute Supreme Court Term testimony thereof tion topic & KEY trial trust witness York City