Home/New York Court of Appeals/Ruiz v. McKenna

Ruiz v. McKenna

355 N.E.2d 787, 40 N.Y.2d 815, 387 N.Y.S.2d 558, 1976 N.Y. LEXIS 2989
New York Court of Appeals·Decided September 2, 1976·Published·Cited by 16 cases

Opinions

Memorandum. While the many irregularities shown to have occurred might well have supported an inference either that there was a fraudulent intent which infected the petition or that irregularities similar to those proved permeated the whole designating petition, we cannot hold on this record that either inference was compelled as a matter of law. Whether to draw the inference is usually a question of fact (see Matter of Mercorella v Benza, 37 NY2d 792; but cf. Matter of Lerner v Power, 22 NY2d 767) which has been resolved in each instance in respondent’s favor by the Board of Elections, the referee, Special Term and the Appellate Division, in their decisions to validate the designating petitions. The respondent’s designating petition, containing a sufficient number of valid signatures, must be sustained.

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

Ruiz v. McKenna, 355 N.E.2d 787, 40 N.Y.2d 815, 387 N.Y.S.2d 558, 1976 N.Y. LEXIS 2989 (N.Y. 1976).

355 N.E.2d 787 (Ruiz v. McKenna) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bill Birds v. Stein Law Firm
New York Court of Appeals, 2020
Crosta v. O'Rourke
242 A.D.2d 856 (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)
Bishop v. Berger
190 A.D.2d 769 (Appellate Division of the Supreme Court of New York, 1993)
Hargett v. Green
186 A.D.2d 803 (Appellate Division of the Supreme Court of New York, 1992)
Brown v. Phillips
185 A.D.2d 953 (Appellate Division of the Supreme Court of New York, 1992)
Butler v. Mavromatis
185 A.D.2d 954 (Appellate Division of the Supreme Court of New York, 1992)
Caesar v. Sachs
133 A.D.2d 188 (Appellate Division of the Supreme Court of New York, 1987)
Ruiz v. Saez
122 A.D.2d 741 (Appellate Division of the Supreme Court of New York, 1986)
Hicks v. Santiago
104 A.D.2d 471 (Appellate Division of the Supreme Court of New York, 1984)
Matter of Kogan v. D'Angelo
427 N.E.2d 505 (New York Court of Appeals, 1981)
Quinones v. Bass
381 N.E.2d 338 (New York Court of Appeals, 1978)
Pilat v. Sachs
368 N.E.2d 31 (New York Court of Appeals, 1977)
Prescott v. Jones
368 N.E.2d 37 (New York Court of Appeals, 1977)
Contessa v. McCarthy
54 A.D.2d 802 (Appellate Division of the Supreme Court of New York, 1976)