Schwartz v. Heffernan

This is a motion under rule 106 of the Buies of Civil Practice for judgment dismissing the plaintiff’s amended complaint on the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action.

The complaint alleges that the acts of the defendants, members of the board of elections in the city of New York, were arbitrary and wrongful, in that they failed, neglected and refused to place the name of the plaintiff upon the ballot as a candidate in the 1950 primary election for nomination as candidate of the Democratic party for the public office…