Legal Opinion · Concurrence

Kaplan v. Cohen

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

Decided October 25, 1940Published

1ConcurrenceUntermyer, J.

(concurring in the first proceeding and-dissenting in the second proceeding). I concur in the decision of the court that the convention alleged to have been held at No. 77 Fifth avenue was not properly assembled and that the names of the candidates so nominated are not entitled to a position on the ballot. I accordingly vote to affirm the order in the Kaplan case.

The order in the Antomni case, which sustains the validity of the nomination of candidates at the Hotel Capitol, should be reversed and the motion to place their names on the ballot should be denied on the ground that, upon the…

2Cases cited2 opinions

  1. Matter of Lauer v. Bd. of ElectionsNew York Court of Appeals · 1933
  2. Connolly v. CohenAppellate Division of the Supreme Court of the State of New York · 1940

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