Home/New York Court of Appeals/Matter of Lefkowitz v. Cohen

Matter of Lefkowitz v. Cohen

36 N.E.2d 680, 286 N.Y. 499, 1941 N.Y. LEXIS 1413
CourtNew York Court of Appeals
DecidedSeptember 11, 1941
StatusPublished
Cited by33 cases

This text of 36 N.E.2d 680 (Matter of Lefkowitz v. Cohen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Lefkowitz v. Cohen, 36 N.E.2d 680, 286 N.Y. 499, 1941 N.Y. LEXIS 1413 (N.Y. 1941).

Opinion

Per Curiam.

The court agrees unanimously with the conclusions of the Appellate Division in regard to the first two “ specific grounds ” stated by it in the opinion. Lehman, Ch. J., and Finch, J., vote to reverse on the ground that it is undisputed that some of the canvassers swore falsely to the signatures of a large proportion of those named upon the sheets witnessed by them and that, therefore, in the absence of some explanation by such canvassers there is no basis for any finding that the other signatures upon the sheets are genuine.

A majority of the court are of opinion that this ground is not open to the appellants upon this record, because it is inconsistent with the theory of the trial and with the corresponding disposition made of the issues both by the Special Term and by the Appellate Division, which was that 6,182 signatures were genuine.

The orders should be affirmed, without costs.

Loughran, Rippey, Lewis, Conway and Desmond, JJ., concur; Lehman, Ch. J., and Finch, J., dissent.

Orders affirmed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Thomas v. Eugene
41 Misc. 3d 418 (New York Supreme Court, 2013)
Hayon v. Carrion
41 Misc. 3d 356 (New York Supreme Court, 2013)
Bronson v. Cartonia
10 A.D.3d 469 (Appellate Division of the Supreme Court of New York, 2004)
Klugman v. King
242 A.D.2d 346 (Appellate Division of the Supreme Court of New York, 1997)
Buchanan v. Espada
230 A.D.2d 676 (Appellate Division of the Supreme Court of New York, 1996)
Molloy v. Scaringe
153 A.D.2d 782 (Appellate Division of the Supreme Court of New York, 1989)
Franco v. Velez
112 A.D.2d 875 (Appellate Division of the Supreme Court of New York, 1985)
Jonas v. Velez
112 A.D.2d 884 (Appellate Division of the Supreme Court of New York, 1985)
Rodriguez v. Harris
77 A.D.2d 942 (Appellate Division of the Supreme Court of New York, 1980)
Bramwell v. Gargiulo
103 Misc. 2d 476 (New York Supreme Court, 1980)
Citizens Committee to Recall Rizzo v. Board of Elections
367 A.2d 232 (Supreme Court of Pennsylvania, 1976)
Proskin v. May
355 N.E.2d 793 (New York Court of Appeals, 1976)
Proskin v. May
54 A.D.2d 592 (Appellate Division of the Supreme Court of New York, 1976)
In Re Petition of Smith
276 A.2d 868 (New Jersey Superior Court App Division, 1971)
McGovern v. Smith
276 A.2d 868 (New Jersey Superior Court App Division, 1971)
Fazio v. Power
34 A.D.2d 922 (Appellate Division of the Supreme Court of New York, 1970)
Telaro v. Telaro
255 N.E.2d 158 (New York Court of Appeals, 1969)
Aronson v. Power
30 A.D.2d 651 (Appellate Division of the Supreme Court of New York, 1968)
Lahiff v. Lawley
28 A.D.2d 821 (Appellate Division of the Supreme Court of New York, 1967)
Cullen v. Power
21 A.D.2d 698 (Appellate Division of the Supreme Court of New York, 1964)

Cite This Page — Counsel Stack

Bluebook (online)
36 N.E.2d 680, 286 N.Y. 499, 1941 N.Y. LEXIS 1413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-lefkowitz-v-cohen-ny-1941.