The plaintiff appealed a master's decision dismissing its motion under Rule 32.01 for intrusive testing on the defendant's adjacent property to investigate environmental contamination.
The master found that the proposed testing would not be probative because the plaintiff's construction had already altered the soil and groundwater conditions, and that the prejudice to the defendant outweighed any benefit.
The Superior Court of Justice dismissed the appeal, finding no error of law or palpable and overriding error of fact in the master's exercise of discretion.
