Legal Opinion
Bay View Towers Apartments, Inc. v. State Tax Commission
New York Court of Appeals
Decided October 14, 1976PublishedCited by 8 opinions
1Opinion of the Court
Memorandum. Judgment of the Appellate Division affirmed, with costs. Applicable precedents establish that a mere substitution of one mortgage agreement for another, even in combination with a change of mortgagors, is insufficient to create a new mortgage for purposes of section 253 of the Tax Law (People ex rel. Banner Land Co. v State Tax Comm., 244 NY 159, esp 162-163; Matter of Suffolk County Fed. Sav. & Loan Assn. v Bragalini, 5 NY2d 579, 583, 585). People ex rel. Williamsburgh Sav. Bank v State Tax Comm. (245 NY 414, 418) is distinguishable: there the new mortgage agreements explicitly…
2Cases cited3 opinions
- People Ex Rel. Banner Land Co. v. State Tax CommissionNew York Court of Appeals · 1926
- People Ex Rel. Williamsburgh Savings Bank v. State Tax CommissionNew York Court of Appeals · 1927
- Suffolk County Federal Savings & Loan Ass'n v. BragaliniNew York Court of Appeals · 1959
3Cited by8 opinions
- Stevens Medical Arts Building v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1980
- Long Island Lighting Co. v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1997
- Wetzler v. Roosevelt Raceway, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Citibank, N. A. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1983
- City of New York v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1987
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