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action affirmed agreement alleged amended amount answer Appellate Division application attorney authority bank bonds cause charge Civil Practice claim Company complaint concur condition constitute construction contract Corporation costs counsel County damages death December defendant defendant's denied determination Digests & Indexes directed dismissed effect entered entitled evidence fact filed follows give given granted ground held hold intention interest issue January judgment jury Key-Numbered Digests land limited Matter ment Misc mortgage motion negligence notice opinion owner paid parties payment person plaintiff present proceeding provisions purchase question reason received record recover referred relation respondent reversed rule Second Department securities Special statute street Supreme Court Term thereof Third tion topic & KEY-NUMBER trial trust witness York City