John E. McDonnell

The plaintiff was unsuccessful on its third motion seeking payment out of court of $33,900.

The parties could not agree on costs.

The defendant sought $15,000 on a substantial indemnity basis, while the plaintiff argued costs should be deferred to the trial judge or made payable in the cause on a partial indemnity basis.

The court awarded the defendant costs of the motion fixed at $5,000 on a partial indemnity basis, payable in the cause, noting that both parties were responsible for delays in the litigation.

The plaintiff brought a motion for the release of $33,900 paid into court pursuant to a prior order.

The prior order required the defendant to release a wine inventory to the plaintiff 'on or before' September 30, 2014, for a fundraising auction, and required the plaintiff to pay funds into court pending resolution of the defendant's claim for past services.

The plaintiff argued the defendant breached the order by not releasing the wine in time for the auction.

The court found that 'on or before' meant any time on September 30, and that the defendant had complied by making the wine available that evening, but the plaintiff failed to pick it up.

The motion for payment out of court was dismissed.