Ordered that the judgment is reversed, with costs, and Jay Hyman's motion for summary judgment is denied.
The appellant, Arthur Abbey, and the respondent, Jay Hyman, invested in real estate in Hawaii prior to the decline of the real estate market in the 1980's. When the real estate market declined, several of the properties that they had owned were foreclosed, and deficiency judgments were entered. Abbey and Hyman thereafter stipulated that each would pay one-half...
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