Legal Opinion
CC&F Buffalo Development Co. v. Tully
New York Supreme Court
Decided April 25, 1980PublishedCited by 3 opinions
1Opinion of the Court
*1061OPINION OF THE COURT
M. Dolores Denman, J.
Plaintiff moved for summary judgment claiming that it is entitled to interest on a mortgage tax paid under protest and subsequently refunded. Defendant Starosciak, Clerk of the County of Erie, has cross-claimed against defendants Tully, Koerner and Lynch (Commission) for indemnification and the Commission has cross-moved for dismissal of the complaint for failure to state a cause of action.
The essential facts are not in dispute. Plaintiff entered into a building loan mortgage for $40,000,000 with Chase Manhattan Bank. On June 27, 1969 the mortgage was…
2Cases cited5 opinions
- First Agricultural National Bank of Berkshire County v. State Tax CommissionSupreme Court of the United States · 1968
- First National City Bank v. City of New York Finance AdministrationNew York Court of Appeals · 1975
- In Re the Appraisal Under the Transfer Tax Act of the Trust Estate Held for the Life of O'BerryNew York Court of Appeals · 1904
- Brodsky v. MurphyNew York Court of Appeals · 1969
- Innes & Gaenzler v. Village Assessor of Inc. VillageAppellate Division of the Supreme Court of the State of New York · 1963
3Cited by3 opinions
- Hotel Waldorf-Astoria Corp. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1982
- Signature Health Center, LLC v. New York State Department of HealthNew York Supreme Court · 2010
- City of Buffalo v. WysockiNew York Supreme Court · 1982