Order reversed insofar as appealed from, without costs, and motion remitted to Special Term for further proceedings not inconsistent herewith.
The issue of respondents' misfeasance, and hence their right to compensation, was decided largely on affidavits. Since the affidavits are conflicting, that issue and the amount of the fee, if any, to which they are entitled should be resolved only after a hearing in which sworn testimony and other evidence are received, subject...
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