Henley v. Foreclosure Sales, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for a judgment declaring a deed to be a mortgage, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Putnam County (O’Rourke, J.), dated September 16, 2005, as denied its cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
“A deed conveying real property, although absolute on its face, will be considered to be a mortgage when the instrument is executed as security for a debt” (Basile v Erhal Holding Corp., 148 AD2d 484, 485 [1989]; see Real Property Law §…
2Cases cited8 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Ujueta v. Euro-Quest Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Basile v. Erhal Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Hughes v. . HarlamNew York Court of Appeals · 1901
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3Cited by11 opinions
- Bouffard v. BefeseAppellate Division of the Supreme Court of the State of New York · 2013
- Vitvitsky v. HeimAppellate Division of the Supreme Court of the State of New York · 2008
- DeMaio v. CapozelloAppellate Division of the Supreme Court of the State of New York · 2010
- Southwell v. MiddletonAppellate Division of the Supreme Court of the State of New York · 2009
- Patmos Fifth Real Estate Inc. v. Mazl Building, LLCAppellate Division of the Supreme Court of the State of New York · 2015
6 more not listed; retrieve them via the Exa API.