Following reasons on several construction lien motions relating to a subway station project, the successful lien claimant sought partial indemnity costs exceeding $82,000.
The responding parties challenged the amount as excessive and attempted to dissect the bill of costs without producing their own costs outlines as required under Rule 57.01(6) of the Rules of Civil Procedure.
The court emphasized that costs fixing is not an item-by-item assessment and that reasonable expectation and indemnity principles govern the exercise.
The absence of a costs outline from the objecting party undermined its argument for reductions.
The court fixed costs largely as claimed, awarding partial indemnity costs plus additional costs for preparing submissions.