Order of the Appellate Term and judgment of the County Court both reversed, on the law, without costs or disbursements, and action remanded to the County Court for a trial in accordance herewith.
This action was commenced without pleadings as a simplified procedure for court determination of disputes (CPLR 3031, 3037). As Judge Martin recited in his decision at the County Court, the parties in their statements of facts agreed: "The plaintiff is a domestic membership...
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