The essential facts are not in dispute. On June 30, 1970 petitioner recorded a certain consolidation agreement without payment of any mortgage recording tax imposed by article 11 of the Tax Law on the principal amount of indebtedness of $5,500,000. Concededly, no tax was paid in a good faith belief on the part of petitioner and respondents that none was due. In a prior article 78 proceeding commenced in 1972 the Court of Appeals determined finally that the consolidation agreement...
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