This endorsement addresses the costs of a successful motion by the Defendant, Andrew Rudensky, to set aside a noting in default and default judgment obtained by the Plaintiffs.
The Plaintiffs argued for no costs or an offset, asserting Mr. Rudensky's fault for the default.
The court found the Plaintiffs solely responsible for failing to properly serve Mr. Rudensky, thus dismissing their arguments regarding his alleged fault or delay.
The court also rejected Mr. Rudensky's claim for substantial indemnity costs under Rule 49.10, finding that his offer to settle was not "beaten" by the costs endorsement itself.
Ultimately, the court fixed Mr. Rudensky's partial indemnity costs at $79,253.40, payable by the Plaintiffs within 30 days.
