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action affirmed agreement alleged amended amount Appellate Division Application attorney authority award Bank Board bond cause charge claim Company complaint concur condition construction contract Corporation costs and disbursements counsel County damages death deceased Decem defendant denied determination Digests & Indexes directed dismiss effect entitled evidence executed executor fact give granted ground held interest issue Janu January January 11 judgment jurisdiction jury Key-Numbered Digests LAZANSKY liability Matter ment Misc modified mortgage motion notice opinion Order filed owner paid parties payment plaintiff proceeding purchase question Realty reason received record recover relator Respondent reversed rule Second Department Special statute Supreme Court Term thereof Third tion topic & KEY-NUMBER transfer trial trust wife York City YOUNG