New York Court of Appeals, 1968

Lerner v. Power

Lerner v. Power
New York Court of Appeals · Decided June 13, 1968
22 N.Y.2d 767; 239 N.E.2d 389; 292 N.Y.S.2d 471; 1968 N.Y. LEXIS 1283

Lerner v. Power

Opinion of the Court

Order reversed, without costs, and the designating petition invalidated in the following memorandum: The undisputed evidence establishes as a matter of law that the questioned petitions were the product of the knowing, systematic acceptance of purported signatures of innumerable persons subscribed by others, thus constituting permeating fraudulent representation.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Korbman*. Taking no part: Judge Keating.

Designated pursuant to section 2 of article ATI of the State Constitution in place of Burke, J., disqualified.

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