SCHWARTZ v. HEFFERNAN


201 Misc. 101 (1951)

Max M. Schwartz, Plaintiff, v. William J. Heffernan et al., Defendants.

Supreme Court, Special Term, New York County.

June 19, 1951.


Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (Victor J. Herwitz and Edward F. Hurley of counsel), for defendants.

Joseph M. Schwartz for plaintiff.


McNALLY, J.

This is a motion under rule 106 of the Rules of Civil Practice for judgment dismissing the plaintiff's amended complaint on the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action.

The complaint alleges that the acts of the defendants, members of the board of elections in the city of New York, were arbitrary and wrongful, in that they failed, neglected and refused to place...

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