DI BARTOLO v. AMER. & FOREIGN INS. CO.


48 Misc.2d 843 (1966)

Joseph Di Bartolo, Jr., et al., Plaintiffs, v. American & Foreign Insurance Co. et al., Defendants.

Supreme Court, Special Term, Suffolk County.

January 7, 1966


Attorney(s) appearing for the Case

Lowenstein, Pitcher, Hotchkiss & Parr for Firemen's Insurance Co. of Newark and others, defendants. Harry Rosenberg for plaintiffs.


JACK STANISLAW, J.

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...

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