The defendants/plaintiffs by counterclaim abandoned their motion for leave to appeal, which was dismissed without costs.
The plaintiff's separate motion for leave to appeal was delayed because the required issued and entered orders had not been filed.
The court noted the substantial costs already incurred by the parties and suggested that case management by a single judge of the Divisional Court might be appropriate given the likelihood of multiple future appearances.
Costs for the appearance were left to the discretion of the judge hearing the remaining motion.
