Following a successful summary judgment motion where the plaintiffs were awarded a forfeited $60,000 real estate deposit, the court determined the costs of the proceeding.
The plaintiffs sought $45,676.40 on a substantial indemnity basis, while the defendants argued for no costs.
Considering the plaintiffs' multiple unaccepted offers to settle, the defendants' discontinued $500,000 counterclaim, and the disproportionate litigation conduct by both sides, the court fixed costs at $25,000 payable to the plaintiffs.
