MARTOCCI v. MARTOCCI


2 Misc.2d 330 (1943)

Michael Martocci et al., Plaintiffs, v. John Martocci et al., Defendants.

Supreme Court, Special Term, New York County.

May 4, 1943.


Attorney(s) appearing for the Case

Jeremiah T. Mahoney, George A. Spohr, Jr., and P. E. Conforti for plaintiffs.

S. Howard Imbrey, Benjamin Lewis and Maurice M. Hayman for John Martocci, defendant.


J. SIDNEY BERNSTEIN, J.

This is a motion to restrain the defendants pendente lite from arbitrating or attempting to arbitrate the propriety of the action of the board of directors of Industrial Lithographic Co., Inc., in discharging the defendant John Martocci as an officer and employee of said corporation.

The two individual plaintiffs and the said defendant are brothers each owning one third...

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