The plaintiff brought a motion for default judgment after the defendant failed to close an agreement of purchase and sale for a residential property.
The defendant had agreed to purchase the property for $3,660,000 and paid a $100,000 deposit, but breached the agreement.
The plaintiff subsequently sold the property for $3,200,000 and sought damages for the difference in sale price and carrying costs.
The court granted default judgment, ordering the forfeiture of the deposit to be applied against the plaintiff's total damages, resulting in a net damages award of $405,346.47 plus costs.