Legal Opinion
Suffolk County Federal Savings & Loan Ass'n v. Bragalini
New York Court of Appeals
Decided April 17, 1959PublishedCited by 4 opinions
1Opinion of the CourtDesmond, J.
Petitioner, a savings and loan association which loans money on real property mortgages, brought this proceeding for the refund to it of a $100 mortgage recording tax imposed on the supposed authority of section 253 of the Tax Law. The first sentence of section 253 is as follows :“A tax of fifty cents for each one hundred dollars and each remaining major fraction thereof of principal debt or obligation which is, or under any contingency may be secured at the date of the execution thereof or at any time thereafter by a mortgage on real property situated within the state recorded on or after…
2Cases cited5 opinions
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CooleyNew York Court of Appeals · 1906
- People Ex Rel. Banner Land Co. v. State Tax CommissionNew York Court of Appeals · 1926
- Matter of Park 46th St. Corp. v. State Tax Comm.New York Court of Appeals · 1946
- In re Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1940
- Matter of Erie Railroad Company v. State Tax CommissionNew York Court of Appeals · 1940
3Cited by4 opinions
- Meadowlark Hill, Inc. v. KearnsSupreme Court of Kansas · 1973
- Bay View Towers Apartments, Inc. v. State Tax CommissionNew York Court of Appeals · 1976
- Bay View Towers Apartments, Inc. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1975
- Citibank, N. A. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1983