Bruce R. Jaeger

The respondent brought a motion requiring the applicants to post security for costs and pay outstanding costs awards before proceeding with their application regarding a hotel development dispute.

The court found that the respondent was prima facie entitled to security for costs under Rule 56.01 and that the applicants failed to establish impecuniosity or a real possibility of success.

The court ordered the applicants to pay $22,748.74 in outstanding costs and post $50,000 in security for costs within 30 days, staying the application until compliance.

A commercial property owner sought reimbursement from a real estate brokerage for marketing and advertising expenses incurred after retaining a third-party marketing firm during a listing agreement.

The owner argued the agreement required the brokerage to bear marketing and promotional costs.

The court interpreted the agreement in light of the factual matrix and commercial reasonableness, emphasizing that external marketing costs were subject to mutual agreement and that the brokerage was engaged primarily to sell or lease real estate, not to underwrite independent marketing initiatives.

The court also considered the owner's subsequent conduct, including retaining a marketing firm without consultation and raising the reimbursement claim only after receiving a demand for signage costs.

The court concluded that the agreement did not obligate the brokerage to reimburse the owner for the claimed expenses.