R. H. Macy & Co. v. Bates

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the State Tax Commission which construed a deed and a lease to be in fact a mortgage and subject to the mortgage recording tax.

Under date of March 30, 1949, R. H. Macy & Co., Inc., (hereinafter called “ Macy ”) conveyed by standard form bargain and sale deed, without reservation, real estate in the county of Westchester, consisting of its White Plains store, *294to The Mutual Benefit Life Insurance Company (hereinafter called “ Mutual ”), for a consideration of $3,200,000. Under date of April 1, 1949,…