The plaintiff, a corporate builder, brought a motion for summary judgment against one of the purchasers for damages arising from a failed real estate transaction.
The plaintiff sought damages based on the difference between the agreed purchase price and an appraised value, rather than the typical resale price.
The court dismissed the motion, finding that the plaintiff's affidavit evidence was insufficient and raised too many unanswered questions regarding the subsequent non-arm's length sale of the property and the plaintiff's mitigation efforts.
The court emphasized the moving party's obligation to 'put their best foot forward' and provide clear evidence for damage calculation.
