Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Westchester County, for an evidentiary hearing on the issue of whether the petitioner should be directed to remit a check to the appellant in the amount of $2,497.68.
The appellant's motion papers raise a question of fact as to whether he received his share of the legal fees and disbursements in the case entitled Wimpel v Circle Line (
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