The plaintiff sought costs following its successful resistance of the defendants' summary judgment motion and its successful motion for leave to deliver late affidavit evidence.
The court awarded the plaintiff partial indemnity costs of $42,085.84 for the summary judgment motion, reducing the claimed amount due to over-lawyering and deferring the costs of expert reports to trial.
The court also awarded $2,500 for the evidentiary leave motion, reducing the claimed amount because the motion was necessitated by the plaintiff's breach of the Rules.
