Legal Opinion
Fifth Avenue & 46th Street Corp. v. Bragalini
Appellate Division of the Supreme Court of the State of New York
Decided July 24, 1957PublishedCited by 4 opinions
1Opinion of the CourtHalpern, J.
The question presented is whether the mortgage recording tax payable by the petitioner should be computed upon a base of $3,750,000 or upon a base of $1,000,000.
The question arises out of the following transaction or series of transactions: On July 7, 1953, the petitioner had given a mortgage to the Irving Trust Company upon a leasehold estate owned by it, to secure an indebtedness in the amount of $2,150,000, evidenced by a mortgage note in that amount. On March 18, 1955, the petitioner had borrowed an additional $600,000 from the Irving Trust Company and had given it as security a mortgage…
2Cases cited13 opinions
- Bullen v. WisconsinSupreme Court of the United States · 1916
- People Ex Rel. United States Title Guaranty Co. v. State Tax CommissionNew York Court of Appeals · 1920
- People Ex Rel. Banner Land Co. v. State Tax CommissionNew York Court of Appeals · 1926
- New York State Gas & Electric Corp. v. GilchristAppellate Division of the Supreme Court of the State of New York · 1924
- Matter of Park 46th St. Corp. v. State Tax Comm.New York Court of Appeals · 1946
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3Cited by4 opinions
- 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
- Rednow Realty Corp. v. TullyAppellate Division of the Supreme Court of the State of New York · 1979
- City of New York v. New York State Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1997