Appellate Division of the Supreme Court of the State of New York January 26, 2010 (Lambert v. Schreiber)

*905In October 2006 the plaintiff moved, in effect, for summary judgment awarding damages for breach of contract and, thereupon, for a judgment awarding damages in lieu of a prior judgment in his favor on the cause of action for specific performance. At a court appearance on November 30, 2006, the return date of the motion was adjourned to January 18, 2007.