Judgment reversed on the law and facts, without costs, and complaint dismissed, without costs, without prejudice to a new action.
The finding of fact that the plaintiff made demands for payment prior to January 1, 1962 is modified to read that the plaintiff made demands for payment but the record does not show that such demands were made prior to January 1, 1962. Other findings contained in the Referee's opinion or decision which may be inconsistent herewith are reversed...
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