The plaintiffs brought a motion for summary judgment in a simplified procedure action for damages arising from the defendants' failure to close on a residential real estate transaction.
The plaintiffs alleged the failure to close was due to a lack of financing, while the defendants claimed it was due to deficiencies identified during the pre-delivery inspection.
The court dismissed the motion, finding that the conflicting evidence on the reason for the breach of contract, combined with the prohibition on cross-examinations under Rule 76, created a genuine issue requiring a trial.
