Order and judgment unanimously affirmed, without costs.
Memorandum:
Although the referee made an erroneous statement that the defendant had the burden to prove that plaintiff did not bargain in good faith (Matter of Lockport & Buffalo R. R., 77 N.Y. 557, 563; Matter of Marsh, 71 N.Y. 315, 318-319; Matter of Bronx Parkway Comm. [Cipolla], 176 App Div 717, 720-721; Golowich v Union Free School Dist. No. 8, Town of Greenburgh,...
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