Following a successful motion for summary judgment where the plaintiff recovered $400,000 and the defendant's counterclaim was dismissed, the parties made written submissions on costs.
The plaintiff sought $171,888.04 on a partial and substantial indemnity basis, relying on a Rule 49 offer to settle.
The court rejected the defendant's arguments that the costs were disproportionate or that an assessment was required, fixing costs at $150,000 payable to the plaintiff.
