The plaintiff brought motions to compel the defendants to answer undertakings and refusals arising from examinations for discovery in an action concerning the purchase of a commercial real estate portfolio.
The Dream Defendants also brought a cross-motion to compel the plaintiff to answer refusals.
The court applied the principles of relevance and proportionality under the Rules of Civil Procedure.
The court ordered the defendants to answer certain questions relating to financial models and marketing efforts, but dismissed requests for information regarding the post-closing use of sale proceeds and prior unrelated transactions.
The plaintiff was ordered to provide its legal position on an 'as is where is' clause.
