Romano v. Boice

Appeal from an order of the Supreme Court (Dier, J.), entered October 31, 1985 in Saratoga County, which granted defendants’ motion to strike the complaint.

In 1983, David J. Romano, Jr. (decedent) was killed when he was struck by a car owned by defendant Richard L. Boice and operated by defendant Dean L. Boice. Shortly thereafter, plaintiff, decedent’s father, commenced this action on decedent’s behalf.

In March 1984, while plaintiff was being deposed, he refused, upon advice of his attorney, to answer certain questions regarding suicidal tendencies on the part of decedent. Plaintiff also…