The plaintiffs commenced an action for the repayment of loans totaling $193,500.
After obtaining a partial judgment for $170,000, which the defendant eventually paid to avoid a sheriff's sale of his property, the plaintiffs moved to discontinue the balance of the action and sought costs on a substantial indemnity basis.
The self-represented defendant opposed the costs request, making baseless allegations of misconduct against the plaintiffs' counsel.
The court found the defendant's conduct throughout the proceedings to be evasive, inflammatory, and responsible for unnecessary delays and costs.
The court awarded the plaintiffs costs of the proceeding on a substantial indemnity basis in the amount of $32,000.
