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action affirmed agreed agreement alleged amended amount answer Appellate Division application attorney authority Bank Board Brooklyn cause charge Civil claim Company complaint concur condition constitute contract Corporation costs costs and disbursements counsel County damages death deceased decedent defendant defendant's denied determination Digests & Indexes directed dismissed effect entitled evidence executors facts follows fund further give given granted ground held interest issue John judgment jury Key-Numbered Digests leave March Matter ment Misc mortgage motion notice opinion Order filed paid parties payment person plaintiff Practice present proceeding proof question Realty reason received respect respondent reversed rule Second Department securities Special statute Supreme Court tion topic & KEY-NUMBER trial trust wife York City