New York Court of Appeals, 1969

Turner v. Lawley

Turner v. Lawley
New York Court of Appeals · Decided October 28, 1969
25 N.Y.2d 963; 252 N.E.2d 855; 305 N.Y.S.2d 357; 1969 N.Y. LEXIS 1038

Turner v. Lawley

Opinion of the Court

*965Memorandum. Notwithstanding our decision in Matter of Gaines v. Board of Election (25 N Y 2d 807), we adhere to the long-established substantial compliance rule announced in Matter of Simpson v. Cohen (275 N. Y. 642) and reaffirmed in Matter of De Luca v. McNab (16 N Y 2d 835). (See, also, Matter of Rosen v. McNab, 25 N Y 2d 798.) To whatever extent our decision in Gaines is inconsistent with the result herein, it is hereby overruled.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.

Order reversed, without costs, and the order of Special Term reinstated in a memorandum.

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