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action affirmed agreement alleged amended amount Appellate Division application attorney authority bank Board bond building cause certificate charge Civil Practice claim Commission Company complaint concur condition construction contract Corporation costs costs and disbursements counsel County damages death deceased decedent defendant defendant's denied determination Digests & Indexes directed dismiss effect entitled evidence executed executor fact follows Fourth fund gift given granted ground held income intention interest issued judgment Key-Numbered Digests limited Matter ment Misc mortgage motion named notes notice opinion Order filed paid parties payment person plaintiff present proceeding purchase question Realty reason received Respondent reversed rule Second Department securities shares Special statute street Supreme Court Term Third tion topic & KEY-NUMBER transfer trial trust York City