The defendant moved to dismiss or stay the action due to the plaintiff's failure to pay $33,000 in costs thrown away from a mistrial.
The plaintiff cross-moved to set aside, suspend, or vary the costs order, claiming impecuniosity.
The court dismissed the plaintiff's cross-motion, finding no basis to vary the agreed-upon costs.
The court granted the defendant's motion for a stay, but not dismissal, conditional on the plaintiff paying the costs within 60 days, failing which the action would be dismissed.
