The plaintiff brought an ex parte motion for Certificates of Pending Litigation, which resulted in an interim order preventing the defendants from encumbering or transferring the properties.
After the plaintiff's related injunction motion was dismissed, the plaintiff discontinued the action and abandoned the CPL motion.
The defendants sought costs for the abandoned CPL motion.
The court awarded the defendants costs fixed at $6,000, finding that the plaintiff's conduct unnecessarily lengthened the proceeding, though it did not warrant substantial indemnity costs.
