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New York Court of Appeals, 1988

Matter of Lansner v. Bd. of Elections of the City of New York

Matter of Lansner v. Bd. of Elections of the City of New York
New York Court of Appeals · Decided September 2, 1988 · Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa Concur Judge Titone Taking No Part
72 N.Y.2d 929; 532 N.Y.S.2d 840; 529 N.E.2d 170; 1988 N.Y. LEXIS 2104

Matter of Lansner v. Bd. of Elections of the City of New York

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Contrary to respondents’ contention, the proceeding to validate petitioners’ designations as County Committeepersons was not brought by Lansner in a representative capacity. *930 Rather, it was commenced by the candidates in their individual capacities as petitioners. Moreover, the petition was properly verified solely by Lansner since, in this case, the petitioners were "united in interest” (CPLR 3020 [d]; see, Matter of Castillo v Maclara, 63 NY2d 682, 683). Respondents’ remaining arguments are unpreserved or without merit.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur; Judge Titone taking no part.

Order affirmed, without costs, in a memorandum.

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

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