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action affirmed agreement alleged amended amount Appellate Division application attorney authority award Bank Board Buffalo building cause charge Civil Practice claim compensation complaint concur condition constitute contained contract Corporation costs counsel County damages death defendant defendant's denied Department determined Digests & Indexes direct dismissed effect entitled establish evidence executors fact filed follows Fourth Department give given granted ground held interest issue judgment June jury Key-Numbered Digests land lease liability lien limitation Matter ment Misc motion notice opinion owner paid parties payment person plaintiff possession present proceeding purchase question railroad reason received recover Respondent reversed rule Second Special statute street Supreme Court tenant term thereof Third tion topic & KEY-NUMBER trial trust York City