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action affirmed agreement alleged amended amount Appellate Division application attorney authority bank cause charge child Civil claim claimant Company complaint concur condition contract Corporation costs counsel County death deceased decedent defendant denied Department determination Digests & Indexes directed dismissed effect entitled establish evidence execution executors fact filed follows fund further given granted held hold interest issue John judgment Key Number Digests liability lien Matter ment Misc mortgage motion notice opinion owner paid party payment person plaintiff possession Practice premises present proceeding proof provisions purchase question reason received record relation respect respondent result reversed rule Second shares statute Supreme Court thereof tion topic & KEY trial trust Whalen wife York City