Ordered that the order and judgment is reversed, on the law, with costs, the order of the same court, dated May 22, 1987, is vacated insofar as it granted the plaintiff's motion for summary judgment and the motion for summary judgment is denied, that branch of the plaintiff's motion which was to confirm the Referee's report insofar as it fixed the Referee's fee in the sum of $385 is granted and that motion is denied in all other respects, and the matter is remitted to the...
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