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King v. WNY Holding Corp.

Robert V. King v. WNY Holding Corp.

King v. WNY Holding Corp., 38 A.D.2d 685 (1971)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
December 9, 1971
Docket
No. 1
Citations
38 A.D.2d 685327 N.Y.S.2d 258

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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1975: 11982: 21996: 12002: 119752026peak 1982 · 2

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