Ordered that the judgment is modified, as a matter of discretion, by deleting the provision thereof apportioning the referee's fee 75% to the plaintiff and 25% to the defendant and substituting therefor a provision apportioning the fee 50% to the plaintiff and 50% to the defendant; as so modified, the judgment is affirmed, without costs or disbursements.
The finding of the referee, who was appointed to "hear and determine" (CPLR 4301), that the testimony of the plaintiff...
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