Sarah Berhane

The plaintiff developer brought a motion for default judgment after the defendant purchaser failed to close a real estate transaction for a residential property.

The defendant's pleadings were previously struck and he was noted in default.

The court found the plaintiff proved the breach of contract and its damages, which included the difference between the original purchase price and the resale price, plus carrying costs and interest, less the deposit.

The court granted default judgment in the amount of $267,736.27 plus costs on a partial indemnity basis.

The plaintiff developer brought a motion for summary judgment against the defendant purchaser for failing to close an agreement of purchase and sale for a new home.

The defendant argued he did not understand the agreement and suffered financial hardship.

The court found no genuine issue requiring a trial, as the defendant failed to close and the agreement was binding.

Summary judgment was granted to the plaintiff for $316,134.54, representing the difference in sale price, carrying costs, and interest, minus the forfeited deposit.

The Plaintiff sought summary judgment for a claim arising from an aborted home sale.

The Defendant failed to comply with a court-ordered timetable for motion materials, submitting key documents, including an appraisal report and an admission of liability, the night before the scheduled hearing.

This non-compliance necessitated an adjournment.

The Plaintiff requested strict terms, including security for the claim and costs, citing concerns about asset disposition.

The court granted the adjournment but declined to order security for the claim or costs, instead imposing an injunction preventing the Defendant from disposing of or encumbering assets or incurring new debt, except for ordinary living expenses.

The Defendant was also ordered to pay $4,500 in costs for the adjournment and wasted preparation.