The plaintiff, Klara Kazakevich, brought an action against the defendant, Konstantin Sychev, for damages arising from an aborted residential real estate transaction.
Sychev had agreed to purchase Kazakevich's property but failed to close, alleging that the waiver of a condition was backdated and that his real estate agent, Angelika Bekman, was negligent and made misrepresentations.
The court found that the agreement of purchase and sale was validly formed, all conditions were duly waived, and there was no fraud or misrepresentation.
Sychev's refusal to close constituted an anticipatory breach.
The court awarded Kazakevich damages for the difference in the resale price and carrying costs, and dismissed Sychev's claims against Kazakevich and Bekman.
