SCHWARTZ v. DeSAPIO


9 A.D.2d 756 (1959)

Max M. Schwartz, Appellant, v. Carmine G. DeSapio et al., Respondents

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

November 24, 1959


Judgment after trial dismissing plaintiff's amended complaint unanimously reversed, on the law and in the exercise of discretion, and a new trial granted, with costs to abide the event.

The Board of Elections, in rejecting plaintiff's petition, acted without its jurisdiction, as it cannot be determined from the face of the petition alone that the subscribing witnesses were guilty of fraud or perjury (Schwartz v. Heffernan, 304 N.Y. 474

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