SCHULTE v. CLERI


39 A.D.2d 692 (1972)

Berta Schulte et al., as Heirs at Law and Next of Kin of Bertha S. Coloma, Deceased, et al., Respondents-Appellants, v. James J. Cleri et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1972


Modified on the law, to eliminate provision for compound interest and to substitute therefor simple interest, and otherwise affirmed on the opinion of Judge Fraiman at Trial Term, without costs and without disbursements.

Section 320 of the Real Property Law provides as follows: "Certain deeds deemed mortgages. A deed conveying real property, which, by any other written instrument, appears to be intended only as a security in the nature of a mortgage, although an absolute...

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