The court issued a costs endorsement following motions for a stay of proceedings, a certificate of pending litigation (CPL), and the appointment of an arbitrator.
The defendants had sought a stay, which was granted permanently for one defendant and temporarily for the other, while the plaintiff successfully obtained a CPL.
Finding divided success on the stay motion, the court ordered each party to bear its own costs for that motion.
However, as the plaintiff was successful on the CPL motion, the court awarded the plaintiff partial indemnity costs fixed at $35,000 all-inclusive.
