Following multiple unsuccessful summary judgment motions between the plaintiffs and one defendant, the court considered the issue of costs between those parties.
The plaintiffs had moved for summary judgment against co-defendants, while the responding defendant brought his own motion to dismiss the claims and a cross-claim, and the plaintiffs brought a cross‑motion against him.
All motions were unsuccessful.
The court held that the result between the parties was decidedly mixed and that no party had achieved sufficient success to justify a costs award.