Moskau v. Katz

LMcMANUS, Judge.

This case arises out of a failed real estate transaction. The Plaintiffs, Eric and Sonya Moskau, allege that the Defendant, Stephen Katz, breached the Purchase Agreement between them. The Moskaus seek specific performance and damages. The Defendant filed a Partial Motion for Summary Judgment arguing that the Plaintiff cannot legally seek both specific performance and damages. From a judgment granting partial summary judgment in favor of Mr. Katz, the Mos-kaus have filed this appeal.

*948STATEMENT OP THE CASE

Mr. Katz and the Moskaus entered into a standard Agreement to Purchase or…