Tortorello v. Rosenthal

In this equity action brought to convert what appears to be a deed into a second mortgage, plaintiff appeals from a judgment of the Supreme Court, *1051Nassau County, entered February 15, 1974, adjudging and decreeing that her complaint be dismissed. Judgment reversed, on the law and the facts, with costs; plaintiff is declared to be the owner of the subject premises and the deed in question is declared to be a second mortgage on the premises. The complaint alleged a cause of action in fraud and one under section 320 of the Real Property Law. After a hearing, the Special Term concluded that…