National Bank of Stamford v. Recreational Acreage Exchange, Ltd.

*154OPINION OF THE COURT

Mercure, J.

In this action to foreclose a mortgage, defendant Englert, Stillman, Coffey, McHugh & Maggs (hereinafter defendant), a junior lienor, opposes plaintiff’s summary judgment motion upon the ground that the mortgage is not enforceable because the applicable mortgage recording tax was not paid (see, Tax Law §§ 253, 256, 258). The May 30, 1985 mortgage, given as security for indebtedness of $87,000 payable in accordance with a simultaneous promissory note, contained the following "future advances clause”: "The Mortgagee may make advances in the future to the Mortgagor…