Appellate Division of the Supreme Court of New York, 1971

King v. WNY Holding Corp.

King v. WNY Holding Corp.
Appellate Division of the Supreme Court of New York · Decided December 9, 1971
38 A.D.2d 685; 327 N.Y.S.2d 258
King v. WNY Holding Corp.

Opinion of the Court

Order insofar as it grants partial summary judgment to respondent unanimously reversed and otherwise order affirmed, without costs. Memorandum: Special Term incorrectly granted partial summary judgment to respondents, declaring the deed to be a mortgage. Whether a deed, absolute on its face, is a mortgage depends upon the intent of the parties (Matter of Newcourt Realty Holding Corp. v. Gabel, 28 A D 2d 704; Real Property Law, § 320) and, as such, presents a question of fact requiring a trial. (Appeal from order of Brie Special Term granting partial summary judgment in action to declare deed void.) Present—Marsh, J. P., Witmer, Gabrielli, Cardamone and Henry, JJ.

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