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action administration affirmed agreement alleged amended amount answer Appellate Division application attorney authority bank cause charge Civil Practice claim Company complaint concur condition constitute contract Corporation costs counsel County damages death deceased defendant denied determine Digests & Indexes directed dismiss entitled evidence execution executor facts follows give given granted ground held interest issue John judgment July June June 21 jury Key-Numbered Digests land lease liability limited Matter ment Misc mortgage motion notice operation opinion Order filed owner paid parties payment person plaintiff present proceeding purchase question Realty reason received record relating respect Respondent result reversed rule Second Department statute street Supreme Court Term thereof tion topic & KEY-NUMBER trial trust wife York City