Martocci v. Martocci

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 of all the outstanding stock of the corporation. On May 31, 1939 they entered into an agreement in writing which provided, amongst other things, that they would vote their stock and do all other things necessary to insure their…