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action affirmed agreement alleged amended amount Appellate Division application authority bank building cause of action charge Civil Practice claim Company complaint condition constitute construction contract Corporation costs counsel County damages death defendant defendant's denied Department determination Digests & Indexes directed dismiss duty entitled evidence existed fact follows funds further give granted ground held interest issue judgment June 15 jury Key-Numbered Digests lease liability Matter ment Misc motion negligence notice opinion Order filed owner paid parties payment performance person plaintiff premises present proceeding proof purchase question reason received referred relator respect respondent result reversed rule Second shares Special statute Supreme Court Term thereof third tion topic & KEY-NUMBER trial trust witness York City