Order reversed, on the law, without costs or disbursements, and appellant's motion is granted.
In an unusual case of this nature, where equity would not be served by a strict construction of the statute (see Not-For-Profit Corporation Law, § 623, subd [a]; § 720) the appellant should be given the right to intervene (see CPLR 1012, subd [a]) and present evidence in support of his allegations that a fraudulent scheme is being carried out by the plaintiff and...
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