Following the dismissal of the defendants' motions for summary judgment regarding a prefabricated building dispute, the parties could not agree on costs.
The plaintiff sought $50,000 in elevated costs or $40,000 on a partial indemnity basis.
The court found no basis for elevated costs but awarded the plaintiff partial indemnity costs.
Noting some excessiveness in the plaintiff's use of two lawyers, the court fixed the costs at $33,000, inclusive of disbursements, to be paid equally by the defendants, and ordered a case conference to manage outstanding issues.
