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action affirmed agreement alleged amended amount Appellate Division application authority Bank benefit bond cause certificate charge Civil claim Company complaint condition constitute contract Corporation costs counsel County creditors death deceased defendant denied determination Digests & Indexes directed dismissed effect entered entitled evidence executors facts filed follows fund granted ground held hold indictment interest issue judge judgment jury Justice Key Number Digests lease leave liability Matter ment Misc mortgage motion named necessary notice opinion paid parties payment permit person plaintiff Practice premises present proceeding question reason received record referred rent respect respondent reversed rule Second Department Special statute stockholders Supreme Court tenant tion topic & KEY trial trust York City