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action administrator affirmed agreement alleged allowed amended amount answer Appellate Division application attorney authority bank bond building cause charge Civil claim commission Company complaint condition constitute construction contract Corporation costs counsel County damages death deceased decedent decision defendant denied Department determination Digests & Indexes directed dismiss effect entitled establish evidence execution executors existence facts follows fund give granted ground held hold intention interest issue judgment jury Key-Numbered Digests land Matter ment Misc mortgage motion Municipal notice opinion paid parties payment person petitioner plaintiff pleading Practice present proceeding question reason received reference respect respondent rule Second served share statute Supreme Court Surrogate's Court thereof tion topic & KEY-NUMBER trial trust York City