Order reversed, on the law, without costs, and application remanded to said court for further proceedings not inconsistent herewith. The findings of fact below are not affirmed.
The issue of appellants' right to compensation was decided largely upon affidavits. The issue should be resolved only after a hearing in which sworn testimony and other evidence is received, subject to cross-examination (Matter of Weitling, 266 N.Y. 184; Matter of Long, 287 N...
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