Appellate Division of the Supreme Court of New York, 1933

Ecker v. Cohen

Appellate Division of the Supreme Court of New York · Decided October 31, 1933

239 A.D. 145; 267 N.Y.S. 159; 1933 N.Y. App. Div. LEXIS 7977

Counsel

John F. X. Finn of counsel, for the appellant Edward A. Neylan. John T. Dooling of counsel, for the respondent Samuel Ecker., Russell Lord Tarbox of counsel, for the respondent the Board of Elections of the City of New York.

Opinion of the Court

Per Curiam.

The court erroneously placed on the appellant Neylan the burden of establishing the genuineness of the signatures appearing upon the petition. The court also denied the appellant a reasonable opportunity to cross-examine the witnesses produced by the petitioners.

These errors are so fundamental as to require that the order appealed from should be reversed and the motion denied.-

Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.

Order reversed and petitioner’s motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.