Schwartz v. DeSapio

Judgment after trial dismissing plaintiff’s amended complaint unanimously reversed, on the law and in the exercise of discretion, and a new trial granted, with costs to abide the event. The Board of Elections, in rejecting plaintiff’s petition, acted without its jurisdiction, as it cannot be determined from the face of the petition alone that the subscribing witnesses were guilty of fraud or perjury (Schwartz v. Heffernan, 304 N. Y. 474, 480; Matter of Bednarsh v. Cohen, 267 App. Div. 133; Abrahams, New' York Election Law, p. 340; Gassman, Election Law, § 41). Consequently, the usual…