Tarquini v. Taylor Rental Center

OPINION OF THE COURT

Albert M. Rosenblatt, J.

The plaintiff, following the trial of this negligence action before a jury, has submitted a proposed judgment, which includes costs and disbursements in the sum of $575.84. The jury found plaintiff 60% negligent and awarded him $27,921.39, for injuries he sustained while using a paint spray gun rented from defendant.

The defendant has requested the court to deny costs entirely, claiming that an award of costs to plaintiff would be inequitable (CPLR 8101).

At the pretrial stage, a settlement conference was held, during which the defendant offered to…