Order reversed insofar as appealed from, on the law, with costs, motion granted, and matter remitted to the Supreme Court, Westchester County, for entry of an appropriate judgment.
On May 5, 1972, the respondent, a former attorney, executed a note and mortgage for $50,000 to the plaintiff in return for the plaintiff's conveyance to him of a one-tenth interest in the same property which secured the respondent's
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