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action affirmed agreement alleged amended amount answer Appellate Division application attorney authority Bank Board Brooklyn cause of action charge Civil Practice Act claim Company complaint concur condition constitute construction contract Corporation costs and disbursements counsel County damages death deceased defendant defendant's denied determination Digests & Indexes directed dismiss entitled evidence execution facts follows further granted ground held Holding interest issue John judgment jury justice Key-Numbered Digests LAZANSKY lease liable Matter ment Misc mortgage motion notes notice opinion Order filed paid parties payment person plaintiff pleadings premises present proceeding question Realty reason received relator rent respondent result reversed rule Second Department served Special statute Supreme Court tenant Term tion topic & KEY-NUMBER trial Trust York City