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MTR. OF FIRST FISCAL FUND CORP., v. STATE TAX COMM.

49 A.D.2d 408 (1975)

In the Matter of First Fiscal Fund Corp., Petitioner, v. State Tax Commission et al., Respondents

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

November 26, 1975

Attorney(s) appearing for the Case

I. Edward Pogoda for petitioner.

W. Bernard Richland, Corporation Counsel (Arnold Fox of counsel), for Matthew R. Dwyer, respondent.

Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for State Tax Commission, respondent.

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

KOREMAN, J.

Petitioner executed a note and mortgage in the sum of $1,200,000 to Broadway Savings Bank on November 15, 1972. On the same date petitioner also executed another note and mortgage for $425,000 to Wilco Properties Corp. on the same premises. The full mortgage tax was paid on both mortgages when they were recorded. As of May 1, 1974 the total unpaid principal balance on the two mortgages was $1,605,000. On that date petitioner executed a third...

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