Jillian Beaulieu

The plaintiff was involved in a motor vehicle accident and commenced an action against the driver and owner, which was administratively dismissed for delay.

The plaintiff later commenced a second action against the lessee of the vehicle.

The lessee moved for summary judgment, arguing the claim was statute-barred.

The plaintiff moved to set aside the administrative dismissal of the first action.

The court dismissed the summary judgment motion, finding the lessee's identity was not reasonably discoverable until the plaintiff received correspondence from the insurer.

However, the court also dismissed the plaintiff's motion to set aside the administrative dismissal, finding an inordinate and unexplained delay that prejudiced the defendants.

The plaintiffs sought costs of a motion on a substantial or partial indemnity basis.

The defendants argued that no costs should be awarded due to divided success.

The court noted that relief was consented to, some relief was withdrawn, and success was divided on the contested relief.

The court found no conduct warranting substantial indemnity costs and ordered that the parties bear their own costs.