Defendant says counsel had no right to refuse to continue with the deposition even if he was correct as to the specific question.
Defendant cross moves for sanctions, costs, attorney fees and dismissal of the motion.
Plaintiff is suing for breach of contract, fraud and overreaching against decedent when she was a 66 year old widow. The Executor contends defendant, some 16 years younger than decedent, romanced and defrauded decedent out of money and property. Plaintiff's counsel should have gone as far as he could, permitted any other scheduled depositions of other parties to take place, and then taken legal action. Marine Bank, Supra. Defendant's counsel was clearly wrong in refusing to have his client answer a question relevant to the issues in this case.