DONATO v. AM. LOCOMOTIVE CO.


279 A.D. 545 (1952)

Gaetano Donato, Appellant, v. American Locomotive Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1952.


Attorney(s) appearing for the Case

Stephen Della-Rocca for appellant.

Laurence V. Benedict for American Locomotive Company, respondent.

Athena C. Kouray for Anthony F. Barbieri, as President of the United Steelworkers, etc., for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.


BERGAN, J.

This is a badly drawn complaint, but in the interstices of its language plaintiff seems to suggest that he may be entitled to an equitable intervention in support of his purported rights. If he shows this much, he should be allowed to plead over even though we conclude, which we do, that the Special Term was right in its order of dismissal.

The action is brought against plaintiff's employer...

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