Summary: The case arose from a failed real estate transaction in which the Preianos sued the Estate of Giuseppe Cirillo and Antonia Cirillo, managed by Grace Cirillo, for not closing on a home sale. The trial court awarded the Preianos $1 million in damages after striking the Cirillos' defense due to Grace Cirillo’s improper representation.

Key Points:

• Representation Issue: The trial judge initially allowed Grace Cirillo, a non-lawyer, to represent the estate but reversed this decision post-trial, striking the defense and granting judgment to the Preianos.
• Appeal Grounds: The Cirillos appealed, arguing the trial judge erred by disallowing Grace's representation and by his calculation of damages.
• Court of Appeal’s Decision:
  • Representation: The Court of Appeal found the trial judge's late decision on representation unfair since it was unchallenged earlier, constituting procedural unfairness.
  • Damages: The court also corrected the trial judge's approach to damages, which should have been calculated based on the property's value at the breach date, not at the trial date.
• Mitigation: The court rejected the argument that the Preianos failed to mitigate their damages, as the appellants did not prove that a reasonable substitute property was available.

Outcome: The appeal was partially allowed, correcting the legal basis for calculating damages but maintaining the breach decision. Damages were recalculated to $45,000, factoring in the property value at the breach time and the deposit. Costs and prejudgment interest were subject to further submissions if parties couldn’t agree.