Donato v. American Locomotive Co.

In modifying the order of the Special Term dismissing the original complaint - in this action we affirmed the dismissal but permitted the plaintiff to replead (279 App. Div. 545). In deference to our views the court at Special Term has denied a motion to dismiss the present complaint which is in substantial compliance with the further pleading permissible under our decision,

*419The new complaint pleads in effect the joint action of the defendants in so delaying submission of a proceeding in arbitration which they controlled that plaintiff’s right to adjudication was frustrated and prevented.

There…