MATTER OF RUIZ v. McKENNA


40 N.Y.2d 815 (1976)

In the Matter of Israel Ruiz, Jr., Appellant, v. Eugene R. McKenna, Respondent. In the Matter of Eugene R. McKenna, Respondent, v. Israel Ruiz, Jr., Appellant.

Court of Appeals of the State of New York.

Decided September 2, 1976.


Attorney(s) appearing for the Case

Andrew M. Schnier for appellant.

Joseph M. Meehan for respondent.

Judges GABRIELLI, JONES, WACHTLER and COOKE concur in memorandum; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL and Judge FUCHSBERG concur.


MEMORANDUM.

While the many irregularities shown to have occurred might well have supported an inference either that there was a fraudulent intent which infected the petition or that irregularities similar to those proved permeated the whole designating petition, we cannot hold on this record that either inference was compelled as a matter of law. Whether to draw the inference is usually a question of fact (see Matter of...

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