The complaint seeks an adjudication that a deed executed by Nestor Zivotosky, now deceased, to defendant Peter Max be adjudicated to have been a mortgage. There is proof that it was given as collateral for a loan, and that the parties understood that upon repayment of the loan the interest conveyed by the deed would be reconveyed to the grantor. This was found as a fact by the Special Term upon an adequate factual record.
Judgment unanimously affirmed...
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