The plaintiff and defendant, former business partners, each brought motions for summary judgment regarding a failed real estate transaction for a property on Lushes Avenue.
The plaintiff sought specific performance and damages, alleging the defendant breached the Agreement of Purchase and Sale (APS) and acted in bad faith.
The defendant sought dismissal of the plaintiff's action, damages for unjust enrichment, vacant possession, and an order for sale, alleging the plaintiff anticipatorily repudiated the contract by lacking funds to close.
The court dismissed both motions for summary judgment, finding numerous factual and legal issues in dispute, including which party was responsible for the failed transaction, the plaintiff's ability to close, anticipatory breach, and the property's uniqueness.
The court determined that these issues could not be fairly resolved without a full trial, citing deficiencies in the motion record and serious credibility issues requiring viva voce evidence.