The plaintiff was successful on an appeal of an interlocutory order and sought costs.
The plaintiff requested partial indemnity costs for the original motion and substantial indemnity costs for the appeal, citing the defendants' aggressive threats against the plaintiff's counsel and procedural misconduct.
The court rejected the defendants' argument that no costs should be awarded.
Applying the principle that substantial indemnity costs are justified by reprehensible conduct, the court awarded the plaintiff its full requested costs of $11,856.33.
