Legal Opinion
Dime Savings Bank of New York v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1992PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Ritter, J.
At issue in this case is the effect of a regulation promulgated by the Federal Home Loan Bank Board (now the Office of Thrift Supervision), permitting Federal savings and loan associations to pass through to their borrowers the necessary costs incurred in connection with making loans secured by mortgages on real property (12 CFR 545.32 [b] [5]). We conclude that New York Tax Law § 253 (1-a) (a) conflicts with the regulation in issue by imposing a recording tax on mortgages securing loans for certain properties while prohibiting the lender from passing on this…
2Cases cited3 opinions
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- PEOPLE, ETC. v. Coast Federal Sav. & Loan Ass'nDistrict Court, S.D. California · 1951
- Morgan Guaranty Trust Co. v. Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Turner v. First Union National BankSupreme Court of New Jersey · 1999
- People ex rel. Cuomo v. First American Corp.New York Supreme Court · 2009
- Dime Savings Bank v. StateAppellate Division of the Supreme Court of the State of New York · 1996