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action administrators affirmed agreement alleged amount Appellate Division application attorney authority bank bond cause of action charge Civil claim Company complaint condition constitute contract Corporation costs counsel County damages death deceased defendant denied Department determination Digests & Indexes directed dismissed duty effect entered entitled evidence executors fact follows given granted ground held hold injuries insured interest issue judgment June jury Justice Key Number Digests liability lien limited Matter ment Misc mortgage motion negligence notice opinion Order filed owner paid parties payment person petitioner plaintiff possession Practice present proceeding question reason received record recover respect respondent result reversed rule shares Special statute Supreme Court Term thereof tion topic & KEY trial trust village York City