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Matter of Lerner v. Cohen

Court of Appeals of the State of New York
Nov 2, 1933
187 N.E. 635 (N.Y. 1933)

Opinion

Argued November 1, 1933

Decided November 2, 1933

Appeal from the Supreme Court, Appellate Division, First Department.

A.S. Gilbert and Abram Goodman for appellant.

Louis B. Eppstein and John P. Cohalan for respondent.


The candidate was entitled to a credit of twenty-five signatures deducted because the notarial jurat was not dated, since it necessarily appears the oath was taken on October 10, 1933.

The candidate is not entitled to eleven signatures for the reason that the address of the subscribing witness thereto is not described by street number but by reference merely to Assembly district and election district which is not a compliance with sections 135 and 137 of the Election Law (Cons. Laws, ch. 17).

It follows the petition does not contain the fifteen hundred signatures necessary for an independent party nomination.

The order should be affirmed, without costs.

POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ., concur; HUBBS, J., not sitting.

Order affirmed.


Summaries of

Matter of Lerner v. Cohen

Court of Appeals of the State of New York
Nov 2, 1933
187 N.E. 635 (N.Y. 1933)
Case details for

Matter of Lerner v. Cohen

Case Details

Full title:In the Matter of JOSEPH J. LERNER, Respondent, against S. HOWARD COHEN et…

Court:Court of Appeals of the State of New York

Date published: Nov 2, 1933

Citations

187 N.E. 635 (N.Y. 1933)
187 N.E. 635

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