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BERMAN v. COMRS., BD. OF ELECTIONS

49 Misc.2d 713 (1966)

Morris Berman, Plaintiff, v. Commissioners of the Board of Elections of the City of New York, Defendants.

Supreme Court, Special Term, New York County.

February 25, 1966

Attorney(s) appearing for the Case

Morris Berman, plaintiff in person. J. Lee Rankin, Corporation Counsel (George H. Parker of counsel), for defendants.

MITCHELL D. SCHWEITZER, J.

Defendants, the Commissioners of the Board of Elections of the City of New York, move, pursuant to CPLR 3211, for dismissal of the complaint for legal insufficiency.

In the complaint, plaintiff seeks $100,000 damages, based upon the defendants' "culpable negligence", and treble that amount, based upon defendants' malice, in designating a church as a voting and registration place. Plaintiff asserts that such a designation...

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