Ordered that the order is modified, on the law, by deleting the provisions thereof granting the plaintiffs' motion to confirm the referee's report and directing the defendant to pay the referee's fee and substituting therefor provisions denying that motion and directing the plaintiffs to pay one half of the referee's fee and the defendant to pay one half of the referee's fee; as so modified, the order is affirmed, without costs or disbursements.
Contrary to the defendant...
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