SCHWARTZ v. HEFFERNAN


279 A.D. 898 (1952)

Max M. Schwartz, Respondent, v. William J. Heffernan et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 25, 1952.


Order affirmed, with $20 costs and disbursements to respondent.

COHN, J. (dissenting).

The damages which plaintiff is claiming are those occasioned not by any action of the board of elections, but by plaintiff's own failure to exercise the summary remedy provided in section 330 of the Election Law. His omission to proceed under that statute, which vests in the Supreme Court summary power to determine any questions of law or fact arising with respect...

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