Di Bartolo v. American & Foreign Insurance

Defendant moves to strike the complaint by reason of plaintiff’s willful nondisclosure.

During defendant’s examination of Di Bartolo, one of the plaintiffs, counsel objected and refused to allow his client to respond to a particular inquiry. That same day a ruling was sought. Plaintiff’s attorney arrived at chambers only after having been summoned there by a clerk’s telephone call. The ruling was that Di Bartolo answer the question propounded, but immediate resumption of the examination was impossible as his attorney had meanwhile permitted this plaintiff to return home. Therefore, the Justice…