The plaintiff, as estate trustee, moved for summary judgment against defendant Emanuel Cabral for damages arising from his failure to close an agreement of purchase and sale for the estate's property.
Defendant Sherif Behiry was noted in default.
The court found that the defendant Cabral breached the agreement and failed to demonstrate that the plaintiff did not reasonably mitigate her damages, despite expert opinion suggesting a longer relisting period.
The court granted summary judgment to the plaintiff against Cabral and default judgment against Behiry for the difference in sale price and associated expenses.
Cabral's counterclaim was dismissed by consent.
