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SCHWARTZ v. HEFFERNAN

304 N.Y. 474 (1952)

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

Court of Appeals of the State of New York.

Decided November 20, 1952

Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for appellants.

Joseph M. Schwartz for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE, FULD and FROESSEL, JJ., concur.

DESMOND, J.

Since the amended complaint in this case is attacked as insufficient in law, we examine its allegations to see whether they, taken as true for present purposes, spell out a cause of action.

Defendants, sued in their individual capacities and not as public officers, were, in 1950, the members of the Board of Elections of the City of New York. In July of that year, says the amended complaint...

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