Opinion
Argued September 11, 1941
Decided September 11, 1941
Appeal from the Supreme Court, Appellate Division, First Department, COHALAN, J.
Benjamin S. Kassen, Mortimer E. Greif, Sidney Gold and Edward L. Josowitz for appellant.
John T. Dooling, Sol H. Eisler and Louis Dunst for respondent.
Order of Appellate Division reversed and order of Special Term affirmed, without costs. The affidavit upon the blank furnished by the Board of Elections, though not the best form of affidavit, constitutes compliance with the provisions of section 139 of the Election Law. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, LEWIS, CONWAY and DESMOND, JJ. Dissent: RIPPEY, J.