King v. WNY Holding Corp.

Appellate Division of the Supreme Court of New York

King v. WNY Holding Corp.

38 A.D.2d 685, 327 N.Y.S.2d 258

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 1971·No. Appeal No. 1·Published·Cited by 5 cases

Opinion

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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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.

King v. WNY Holding Corp., 38 A.D.2d 685, 327 N.Y.S.2d 258 (N.Y. Ct. App. 1971).

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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, Sidney Milgrim, and Central Rigging and Contracting Corporation v. William J. Werner, William C. Sherr, Robert Sylvor, Bandler & Kass, S.D. Associates, Eastern Development & Investment Corp.-Maine, Larch-Tree Co., Inc., Wjc Realty Co., Inc., Mid-City Management Co., Inc., General Eastern Building Corp., Tex/miss Apartment Associates and Lawton Associates, and Walter Cook and Eastern Development and Investment Corp.

683 F.2d 723 (Second Circuit, 1982)

Meyerson v. Werner

683 F.2d 723 (Second Circuit, 1982)

Bielawski v. Bazar

47 A.D.2d 435 (Appellate Division of the Supreme Court of New York, 1975)

Opinion

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