A. Lokshin

The plaintiffs brought a motion for summary judgment for damages arising from the defendant's failure to close a real estate transaction.

The defendant had agreed to purchase the plaintiffs' property but failed to obtain financing after a market correction.

The defendant communicated his inability to close prior to the closing date and failed to participate in closing preparations.

The court found that the defendant anticipatorily breached the agreement, relieving the plaintiffs of the obligation to tender perfectly.

The plaintiffs were awarded damages for the difference in sale price and carrying costs.

The Plaintiff sought an order finding the L'vova Defendants (Aida L'vova and Yuri Kulinich) in contempt for breaching various court orders, including a Mareva injunction, an order for accounting, and an order to pay $700,000 into court.

The court found both Aida and Yuri in contempt, concluding they knowingly and deliberately acted to hide funds and defy court orders.

Aida directed the transfer of $700,000 to her son, who then transferred it to Yuri, who claimed to have used it for gambling debts.

The court imposed an initial 2-day detention, followed by an 88-day intermittent (weekend) incarceration if the $700,000 is not paid into court by mid-September 2018, emphasizing deterrence, denunciation, and coercion.