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BAY VIEW APTS. v. TAX COMM.

48 A.D.2d 86 (1975)

In the Matter of Bay View Towers Apartments, Inc., et al., Petitioners, v. State Tax Commission et al., Respondents

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

May 15, 1975

Attorney(s) appearing for the Case

Charles S. Desmond for Bay View Towers Apartments, Inc., petitioner.

Walker, Walker & Kapiloff (Arnold Y. Kapiloff of counsel), for Briarwood Terrace, Inc., petitioner.

Louis J. Lefkowitz, Attorney-General (Francis V. Dow and Ruth Kessler Toch of counsel), for State Tax Commission, respondent.

W. Bernard Richland, Corporation Counsel (Robert J. Metzler of counsel), for City of New York, respondent.

SWEENEY, KANE, MAIN and LARKIN, JJ., concur.

GREENBLOTT, J. P.

This is a proceeding pursuant to CPLR article 78 to review a determination of the State Tax Commission, which held that a "Mortgage Severance and Modification Agreement" and a "Supplemental Mortgage Agreement" were not exempt from the mortgage recording tax.

On July 16, 1971 Village Mall at Bayside, Inc. (hereinafter Village Mall) executed and delivered to the Long Island Savings Bank...

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