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LAMBERT v. SCHREIBER

2008-01680

69 A.D.3d 904 (2010)

893 N.Y.S.2d 275

2010 NY Slip Op 650

DONALD LAMBERT, Appellant, v. LAURENCE E. SCHREIBER, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 26, 2010.

Ordered that the order dated January 14, 2008, is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, and, upon reargument, the order dated October 11, 2007, is vacated, and the defendant's motion to vacate the judgment is denied.

In October 2006 the plaintiff moved, in effect, for summary judgment awarding damages for breach of contract and, thereupon, for a judgment...

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