The plaintiffs moved for summary judgment in an action arising from a residential real estate transaction, alleging breach of an agreement of purchase and sale after the defendants failed to close.
The court reviewed the post-Hryniak summary judgment framework and held that the record disclosed possible triable issues, including waiver, whether the agreement had been voided, whether damages were suffered, and mitigation.
In the absence of exchanged affidavits of documents and questioning, the enhanced fact-finding powers under Rule 20.04 did not permit a fair and just determination on the merits.
The motion was dismissed as premature, with no costs to either side.
