Following a successful motion for summary judgment and default judgment against the defendants, the plaintiffs sought substantial indemnity costs based on a term in the mortgage.
The court found the request for substantial indemnity costs premature, as the judgment might be paid without needing to enforce the mortgage.
The court awarded partial indemnity costs of $14,000 based on the parties' prior agreement, with directions for assessment if the parties could not agree on the total costs of the action.
