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action affirmed alleged allowed amended amount App.Div Appellate Division application attorney authority award Bank Board Brooklyn Buffalo cause certificate charge Civil Practice claim claimant Company compensation complaint concur condition construction contract Corporation costs counsel County Court of Appeals damages deceased decision defendant denied Department determination directed dismissed effect entitled established evidence execution facts filed follows fund granted ground Guarantee held hold husband injuries Insurance interest issue John judgment July June jury Justice land leave liability lien limited Matter ment Misc mortgage motion Municipal notice NUMBER operating opinion owner paid parties payment person plaintiff present proceeding provisions question reason received recover relation respect respondent result reversed rule Second statute street Supreme Court Term tion trial Trust unanimously affirmed wife York City