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MATTER OF JACKSON v. MAINS

115 A.D.2d 1014 (1985)

In the Matter of Beverly J. Jackson, Appellant, v. Tim O. Mains et al., as Candidates for The Rochester City Council At-Large, et al., Respondents

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

December 20, 1985

Order unanimously reversed, on the law, without costs, and petition reinstated.

Memorandum:

Special Term incorrectly concluded that the petition was insufficient. In our view the petition taken as a whole permitted the court to reach the merits. Pleadings should be liberally construed (CPLR 3026; see, H. M. Brown, Inc. v Price, 38 A.D.2d 680).

Furthermore, it was not necessary for petitioner to object...

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