The Plaintiffs, co-owners of an income property, successfully opposed a motion by the Defendants to add the Estate of Gabriel Zimmerman as a party to their action against property managers.
This endorsement addresses the Plaintiffs' request for substantial indemnity costs.
The court found substantial indemnity costs appropriate given the Estate was out of time and the motion was a delaying tactic, and the Plaintiffs' offer to settle was reasonable.
The court awarded joint and several costs of $45,000.00 against the Defendants and the Estate, with the Estate's liability limited to $36,982.50.
The court rejected the Defendants' argument to pay costs from the disputed funds, stating it would penalize the Plaintiffs for winning.
