The plaintiff, Katalin Malatinszky, brought a summary judgment motion seeking damages for the defendant, Ahmad Miri's, failure to close a real estate transaction.
The defendant counterclaimed for the return of his $50,000 deposit and damages, alleging the plaintiff repudiated the agreement and failed to mitigate her losses.
The court found that the plaintiff did not breach the Agreement of Purchase and Sale and acted reasonably in mitigating her damages.
Consequently, the court granted summary judgment to the plaintiff for $144,814.70 plus prejudgment interest and dismissed the defendant's counterclaim.