Following a consent judgment resolving an action for unpaid nursing home fees, the plaintiff sought costs on a substantial indemnity basis against the deceased's son personally and the estate.
The son had successfully maintained he was not the estate trustee.
The court found mixed success on the summary judgment motion and awarded no costs for it.
For the main action, the court awarded the plaintiff partial indemnity costs against the estate only, finding no reprehensible conduct by the son to warrant substantial indemnity costs or personal liability.
