Schwartz v. Heffernan

The damages which plaintiff is claiming are those occasioned not by any action of the board of elections, but by plaintiff’s own failure to exercise the summary remedy provided in section 330 of the Election Law. His omission to proceed under that statute, which vests in the Supreme Court summary power to determine any questions of law or fact arising with respect to the designating of any candidate bars plaintiff from recovery here.

Statutory remedies to correct the actions of administrative agencies, such as the remedy provided in section 330 of the Election Law should, when available, be…