Following the dismissal of the plaintiff's action for delay, the defendants sought costs of the action and motions on a partial indemnity scale.
The defendants also sought an order that the plaintiff's non-party principal be jointly and severally liable for the costs, as the plaintiff corporation was impecunious.
The court awarded costs against the plaintiff corporation but declined to order non-party costs against the principal, finding no evidence of fraud, gross misconduct, or abuse of process that would justify such an exceptional remedy.
