Ordered that the order is affirmed, with costs.
The plaintiffs deeded their home to the defendant, and the parties signed an occupancy and option agreement. The plaintiffs commenced this action for a judgment declaring the deed to be a mortgage. A prior motion by the defendant for summary judgment was denied, and this Court affirmed, stating that a deed, "`although absolute on its face, will be considered to be a mortgage when the instrument is executed as security...
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