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action affirmed agreement alleged amount Appellate Division application appointment assignment authority Bank bond cause charge Civil claim Company complaint condition contract Corporation costs counsel County damages death deceased decedent defendant denied Department determination Digests & Indexes directed dismissed effect entered entitled evidence executors facts filed follows fund further give given granted held hold intention interest issue judgment Justice KEY NUMBER Key Number Digests liability limited Matter ment Misc mortgage motion notice opinion owner paid parties payment plaintiff Practice present proceeding proof question reason received record reference respect respondent result reversed rule shares Special statute street Supreme Court Term testimony thereof tion topic & KEY trial trust wife York City