Legal Opinion

Schwartz v. Heffernan

New York Court of Appeals

Decided November 20, 1952PublishedCited by 52 opinions

1Opinion of the CourtDesmond, J.

Since the amended complaint in this case isl attacked as insufficient in law, we examine its allegations to see whether they, taken as true for present purposes, spell out a cause of action.

Defendants, sued in their individual capacities and not as public officers, were, in 1950, the members of the Board of Elections of the City of New York. In July of that year, says the amended complaint, plaintiff duly filed with that board “ a petition in the manner and form prescribed by the Election Law of the State of New York, consisting of 307 pages, numbered consecutively, containing 3,092…

2Cases cited14 opinions

  1. Porter v. Investors SyndicateSupreme Court of the United States · 1932
  2. Matter of Towers Man. Corp. v. ThatcherNew York Court of Appeals · 1936
  3. Jaffarian v. MurphyMassachusetts Supreme Judicial Court · 1932
  4. Larson v. MarshNebraska Supreme Court · 1944
  5. People ex rel. Broadway & Ninety-sixth Street Realty Co. v. WalshAppellate Division of the Supreme Court of the State of New York · 1922

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3Cited by52 opinions

  1. Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
  2. Medeiros v. KondoHawaii Supreme Court · 1974
  3. Paliotto v. Town of IslipNew York Supreme Court · 1962
  4. Stradford v. ReineckeAppellate Court of Illinois · 1955
  5. Board of Education of Indian Prairie School District No. 204 v. Du Page County Election CommissionAppellate Court of Illinois · 2003

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