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action affirmed agent agreement alleged amount Appellate Division application authority award bank Brooklyn cause charge claim Company complaint concur condition construction contract Corporation costs and disbursements counsel County damages death deceased decedent defendant defendant's denied determined Digests & Indexes directed dismissed effect election entitled evidence executor facts finding follows Fourth further given granted ground held hold interest issue John judgment jury Key-Numbered Digests lands lease leave Matter Misc mortgage motion notice opinion Order filed paid parties payment person plaintiff premises present proceeding proof question Realty reason received record respect respondent result reversed rule Second Department shares Special statute street Supreme Court Term Third tion topic & KEY-NUMBER trial trust York City