F. Everett, Inc. v. Della Penna

Motion to dismiss the complaint on the ground it fails to state facts sufficient to constitute a cause of action is denied.

An examination of the pleading indicates that every requirement imposed by section 876-a of the Civil Practice Act has been fulfilled. It states that every reasonable effort to settle the dispute by negotiation or arbitration has been made; that plaintiffs offered to submit to mediation and that defendants willfully refused and neglected to submit the dispute to arbitration or to comply with the terms of the trade agreement existing between the parties.

*590It would seem that…