The defendant sought costs on a substantial indemnity basis after successfully moving to strike the plaintiffs' 'Notice of Withdrawal of Jury Notice' and after the plaintiffs abandoned their cross-motion to strike the jury notice.
The court found the plaintiffs' conduct in creating a non-existent form and ignoring the Rules of Civil Procedure warranted the court's disapproval.
The court awarded the defendant substantial indemnity costs fixed at $6,000.
