Order affirmed, with $50 costs and disbursements, and plaintiff is directed to notice this case for trial forthwith, and thereupon the case should be preferred for trial.
The allegations of the complaint state a cause of action to which a defense upon documentary evidence has not been established. The claim of improper form is not a ground for dismissal (CPLR 103, subd [c]). Finally, we have considered the argument that plaintiff has failed to exhaust administrative...
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