MATTER OF FIFTH AVE. CORP. v. BRAGALINI


4 A.D.2d 387 (1957)

In the Matter of Fifth Avenue & 46th Street Corporation, Petitioner, v. George M. Bragalini et al., Constituting The State Tax Commission, Respondents

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

July 24, 1957.


Attorney(s) appearing for the Case

Sidney G. Kingsley for petitioner.

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald and John R. Davison of counsel), for respondents.

FOSTER, P. J., BERGAN and GIBSON, JJ., concur.


HALPERN, J.

The question presented is whether the mortgage recording tax payable by the petitioner should be computed upon a base of $3,750,000 or upon a base of $1,000,000.

The question arises out of the following transaction or series of transactions: On July 7, 1953, the petitioner had given a mortgage to the Irving Trust Company upon a leasehold estate owned by it, to secure an indebtedness in the...

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