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action affirmed agreement alleged amended amount App.Div Appellate Division application Argued attorney authority award bank Board bond brief Brooklyn cause charge Civil Practice claim claimant Company complaint concur contract Corporation costs counsel County damages death deceased decision decree defendant denied deposit determination directed dismissed effect employer entered entitled evidence examination execution executor existence fact filed follows funds given granted ground held infant injuries interest issue John judgment June jury Justice KEY NUMBER leave limited Matter ment Misc mortgage motion notice opinion paid parties payment person petition petitioner plaintiff possession present proceeding proof provisions question reason received recover relation respect respondent result reversed rule Second Department securities Special statute Supreme Court SYSTEM Term Third tion trial trust unanimously affirmed wife York City