King v. WNY Holding Corp.
Robert V. King v. WNY Holding Corp.
Opinion of the Court
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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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Cited by 5 cases
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- Meyerson v. Werner
- Uni-Rty Corp. v. Guangdong Building Inc. (In re Uni-Rty Corp.)
- Monroe R. Meyerson, Sidney Milgrim and Central Rigging and Contracting Corporation v. William J. Werner, William C. Sherr, Robert Sylvor, Bandler & Kass, S.D. Associates, Eastern Development and Investment Corp., Eastern Development& Investment Corp.-Maine, Larch-Tree Co., Inc., Wjc Realty Co., Inc., Mid-City Management Col, Inc., General Eastern Building Corp., Tex/miss Apartment Associates and Lawton Associates, and Walter Cook, Monroe R
- Bielawski v. Bazar
- Liberatore v. Olivieri Development
Most recent
- Liberatore v. Olivieri Development
- Uni-Rty Corp. v. Guangdong Building Inc. (In re Uni-Rty Corp.)
- Monroe R. Meyerson, Sidney Milgrim and Central Rigging and Contracting Corporation v. William J. Werner, William C. Sherr, Robert Sylvor, Bandler & Kass, S.D. Associates, Eastern Development and Investment Corp., Eastern Development& Investment Corp.-Maine, Larch-Tree Co., Inc., Wjc Realty Co., Inc., Mid-City Management Col, Inc., General Eastern Building Corp., Tex/miss Apartment Associates and Lawton Associates, and Walter Cook, Monroe R
- Meyerson v. Werner
- Bielawski v. Bazar
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