R. Hanna

Following the voluntary release of a construction lien by the plaintiff, the defendant moving party sought substantial indemnity costs of $19,932.03 for its motion to discharge the lien.

The plaintiff argued for nominal costs or costs in the cause.

The court awarded partial indemnity costs of $7,000 to the defendant, finding that while the defendant was entitled to costs, the amount claimed was disproportionate and the defendant had engaged in over-preparation and failed to respond to a statutory request for information.

Following an application regarding a real estate transaction where Weldan Properties was entirely successful, Weldan sought costs on a substantial or partial indemnity basis.

The Deangelis parties argued for no costs, citing the novelty of the issue and the doctrine of good faith.

The court rejected the novelty argument, finding the doctrine of good faith could not override an explicit contractual term.

The court awarded partial indemnity costs to Weldan in the amount of $22,199.19.