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MATTER OF CITY OF NEW YORK v. TULLY

88 A.D.2d 701 (1982)

In the Matter of City of New York, Petitioner, v. James H. Tully et al., Constituting The New York State Tax Commission, et al., Respondents

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

May 13, 1982

The facts in this case parallel those in Matter of Hotel Waldorf-Astoria Corp. v State Tax Comm. (86 A.D.2d 330). Petitioner City of New York insisted upon and collected a mortgage recording tax in the sum of $562,500 paid under protest upon recordation of a mortgage given by Hotel Waldorf-Astoria Corporation on December 7, 1977 to secure a loan of $45,000,000 made by the New York State Employees' Retirement System. After an administrative...

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