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MATTER OF GOLDBERG v. STATE TAX COMMISSION

Appellate Division of the Supreme Court of New York, Third Department.
Nov 22, 1946

At the time of the delivery of the deed, petitioner held mortgages upon the property conveyed to the extent of $9,300. No new or other consideration passed at that time. The settlement of an action by Bertha Kosoff against petitioner about fourteen years later and the payment of $1,000 did not, under the circumstances, furnish any new consideration which would justify the imposition of any additional recording tax. Determination and order of the State Tax Commission annulled, with $50 costs and disbursements. All concur.