In a complex construction lien and environmental remediation dispute, the parties brought cross-motions to compel answers to questions refused during examinations for discovery.
The owner sought answers from the remediation contractor regarding its prior experience and sampling protocols.
The contractor sought information and documents from the owner regarding the historical environmental condition of the property and its 1981 purchase agreement.
Applying the relevance test informed by proportionality, the court ordered the contractor to answer questions about its experience and subcontractor control, and ordered the owner to produce historical environmental information and the 1981 purchase documents, as they were relevant to the allegations of negligence and failure to mitigate.
