De Vita v. Metropolitan Distributors, Inc.

This motion to dismiss plaintiffs’ complaint on the grounds of “ gross general delay ” is denied.

The function of any litigation should be to permit a fair adjudication of all disputed issues on the merits. This philosophy should be fostered and encouraged wherever possible. *762Unfortunately this purpose is sometimes frustrated because our adversary system of procedure on occasion lends itself to becoming a game of wits and strategy rather than a dispassionate search for the truth. One of the inequities of our practice is the situation which permits a defendant to lie stealthily in the shadows of…