Lowenstein v. Larkin

Judgment of the Supreme Court, Kings County, dated September 1, 1972, reversed on the law, without costs, and a new primary election for the nominations involved is directed to be held on September 19, 1972. No questions of fact have been considered. In our opinion, the evidence presented at Special Term, much of it uncontradicted, establishes that this primary election was “ characterized by such * * * irregularities as to render impossible a determination as to who rightfully was nominated” (Election Law, § 330, subd. 2). While we find no evidence of fraud per se, we think this was one of…