From Casetext: Smarter Legal Research

Matter of Suthergreen v. Westall

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1958
6 A.D.2d 1014 (N.Y. App. Div. 1958)

Opinion

September 22, 1958

Present — Wenzel, Acting P.J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.


Order granting motion to dismiss proceeding unanimously affirmed, without costs. Assuming, arguendo, that the failure to join respondent Esser, the successful candidate, as a party was not fatal to the proceeding (Civ. Prac. Act, §§ 192, 193), the defect could not be cured after the time limited for the institution of the proceeding, namely, 10 days after the primary election in question (Election Law, § 330, subd. 2; cf. Matter of Kram v. Cohen, 293 N.Y. 746; Matter of Swan v. Cohen, 179 Misc. 69, affd. 262 App. Div. 956, affd. 286 N.Y. 678; Matter of Gallagher v. Cohen, 180 Misc. 1030; Devine v. Cohen, 73 N.Y.S.2d 317; Matter of Brennan, 73 N.Y.S.2d 317; Matter of Kaplan v. Meisser, 196 Misc. 6; Yearwood v. Cohen, 37 N.Y.S.2d 577).


Summaries of

Matter of Suthergreen v. Westall

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1958
6 A.D.2d 1014 (N.Y. App. Div. 1958)
Case details for

Matter of Suthergreen v. Westall

Case Details

Full title:In the Matter of FRED S. SUTHERGREEN, Appellant, against WALTER W. WESTALL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 22, 1958

Citations

6 A.D.2d 1014 (N.Y. App. Div. 1958)

Citing Cases

Matter of Ullman v. Power

Sections 192 and 193 of the Civil Practice Act do not serve to extend the time limited by the Election Law…

Matter of Ullman v. Power

Only by due service of the papers is a proceeding instituted and not by its mere issuance ( Matter of…