WOHL v. FRANKEL

2017-01171, Index No. 8188/15.

170 A.D.3d 1088 (2019)

94 N.Y.S.3d 454

2019 NY Slip Op 02147

Melanie Wohl, Respondent, v. Paul Frankel et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 20, 2019.


Ordered that the order is affirmed insofar as appealed from, with costs.

Real Property Law § 320 provides, in pertinent part, that 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 conveyance in terms, must be considered a mortgage." "In determining whether a deed was intended as security, `examination may be made not only of the deed and a written...

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