Following the dismissal of the defendants' motion for a certificate of pending litigation to stop power of sale proceedings, the successful parties sought costs.
The court awarded costs on a substantial indemnity basis, finding that the defendants' pursuit of the motion without evidence or pleading of fraud in relation to the mortgages was reprehensible conduct.
The court fixed the costs at $24,500, noting that the amount was fair and reasonable given the urgency and complexity of the inter-related actions.
