Sheraton Corp. of America v. Murphy

This is a proceeding under article 78 of the CPLR (transferred to the Appellate Division in the Third Judicial Department by an order of the Supreme Court at Special Term, entered January 9, 1970 in Albany County) to review a determination of the State Tax Commission which sustained the collection of a mortgage recording tax.

The petitioner seeks to recover the mortgage tax paid by it under protest on a transaction involving the Sheraton-Astor Hotel and the Sheraton-Ambassador Hotel.

On February 29, 1956, the Sheraton-Astor Corporation executed a mortgage in favor of Sheraton Limited to secure…