Order modified on the facts by striking therefrom the figures "$750.00", "$5,000.00", and "$5,750.00", and substituting therefor the figures "$250.00", "$2,500.00", and "$2,750.00". As thus modified, the order is affirmed, without costs.
We consider that the application for the allowance was in the nature of a special proceeding and not a motion in the action. (Peri v. New York Central & H. R. R. R. Co., 152 N.Y. 521.) In our opinion, the allowances for...
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