Frederick Caplan

The defendants brought a motion for security for costs under Rule 56.01(1)(e) of the Rules of Civil Procedure, arguing the plaintiff's action for breach of fiduciary duty regarding mortgage investments was frivolous and vexatious.

The plaintiff, who lost his pension funds in the investments, was admittedly impecunious.

The court dismissed the motion, finding the defendants failed to establish at the first stage that the action was plainly devoid of merit or pursued for vexatious reasons.

The plaintiff, an insurance broker, brought an action for wrongful and constructive dismissal against his former employer.

The defendant employer argued that the plaintiff had voluntarily retired and was an independent contractor.

The court found the plaintiff's evidence to be less credible than the defendant's and a third-party witness, concluding that the plaintiff had indeed voluntarily retired as he had previously announced.

The court also determined that the plaintiff was an employee, not an independent contractor, but dismissed the action entirely based on the finding of voluntary retirement.

Following decisions striking the mortgagors' statement of claim, dismissing their motion to amend, and granting summary judgment against them on a mortgage, the successful mortgagees sought costs.

The mortgagors also sought costs, arguing they made a Rule 49 offer to settle.

The court found the offer did not meet Rule 49 criteria as the judgment exceeded the offer and the offer did not account for the mortgagors' separate action for damages.

Given the contractual agreement for costs of enforcement and the mortgagors' obstructive litigation tactics, the court awarded substantial indemnity costs of $65,000 to the New Haven parties and $7,000 to Community Trust Company.