Shane E. Kazushner

Following a successful motion for summary judgment regarding a commercial lease dispute, the plaintiffs sought costs of $42,587.71 on a partial indemnity scale.

The landlord argued the costs were unreasonable based on the factors in Rule 57.01(1) and suggested a nominal award.

The court rejected the landlord's arguments, noting the plaintiffs achieved substantial success and the costs were not unnecessary or excessive.

The court fixed costs at $40,000 all inclusive.

The defendant financier moved for summary judgment dismissing a claim for unpaid commissions relating to rooftop solar projects.

The plaintiff alleged contractual entitlement, unjust enrichment, partnership liability, and that the financing corporation was the alter ego of the installer company that had agreed to pay commissions.

The court held there was no agreement between the plaintiff and the moving party, insufficient evidence to pierce the corporate veil, no partnership within the meaning of the Partnerships Act, and no enrichment supporting quantum meruit.

Finding no genuine issue requiring a trial under Rule 20 of the Rules of Civil Procedure, the court dismissed the claim against the moving defendant and awarded costs.