The plaintiff brought a motion for summary judgment against the defendant for breach of an agreement of purchase and sale (APS) after the defendant failed to close the transaction.
The defendant conceded liability but disputed damages and argued the plaintiff failed to mitigate.
The court granted summary judgment to the plaintiff, finding that the plaintiff made reasonable efforts to mitigate damages by reselling the property and was not obligated to accept the defaulting defendant's abated offer.
Damages were awarded based on the difference in sale price and carrying costs, with the defendant's forfeited deposit set off against the total.
