MATTER OF LOWENSTEIN v. LARKIN


40 A.D.2d 604 (1972)

In the Matter of Allard K. Lowenstein et al., Appellants, v. William F. Larkin et al., Constituting The Board of Elections of the City of New York, Respondents

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

September 7, 1972


No questions of fact have been considered. In our opinion, the evidence presented at Special Term, much of it uncontradicted, establishes that this primary election was "characterized by such * * * irregularities as to render impossible a determination as to who rightfully was nominated" (Election Law, § 330, subd. 2). While we find no evidence of fraud per se, we think this was one of those rare elections "conducted so badly that even though illegality of specific votes...

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