Legal Opinion

Cassidy v. Sullivan

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1923Published

Appeal by the plaintiff, Edward F. Cassidy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of July, 1922, denying plaintiff’s motion for summary judgment.

1Opinion of the Court

Merrell, J.:

The facts are identical with those in the case of Lee v. Graubard (205 App. Div. 344), herewith decided, except that there are *348different parties, this controversy relating to the election of alderman in the twentieth aldermanic district, and except that the answer of the defendant, by way of a separate and distinct defense, alleges that acting in pursuance of and in reliance upon the certificate of election issued to the defendant by the board of canvassers of the county of New York declaring the defendant to have been elected to the office as the member of the board of aldermen…

2Cases cited4 opinions

  1. Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
  2. Dwan v. MassareneAppellate Division of the Supreme Court of the State of New York · 1922
  3. Lee v. GraubardAppellate Division of the Supreme Court of the State of New York · 1923
  4. City of New York v. VoorhisNew York Supreme Court · 1911

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