
    Robert V. King et al., Respondents, v. WNY Holding Corp. et al., Appellants.
    (Appeal No. 1.)
   Order insofar as it grants partial summary judgment to respondent unanimously reversed and otherwise order affirmed, without costs. Memorandum: Special Term incorrectly granted partial summary judgment to respondents, declaring the deed to be a mortgage. Whether a deed, absolute on its face, is a mortgage depends upon the intent of the parties (Matter of Newcourt Realty Holding Corp. v. Gabel, 28 A D 2d 704; Real Property Law, § 320) and, as such, presents a question of fact requiring a trial. (Appeal from order of Brie Special Term granting partial summary judgment in action to declare deed void.) Present—Marsh, J. P., Witmer, Gabrielli, Cardamone and Henry, JJ.  