Charles Merovitz

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.

The defendants in a mortgage enforcement action brought a motion for a certificate of pending litigation over nine parcels of land to stop power of sale proceedings.

They alleged that the mortgages were unenforceable due to the plaintiffs' breach of joint venture agreements and bad faith.

The court dismissed the motion, finding that the defendants had no reasonable claim to an interest in land, had not offered to redeem the mortgages, had not pleaded fraud affecting the right to redeem, and that damages would be a sufficient remedy.