New York Court of Appeals

Max M. Schwartz v. William J. Heffernan

November 20, 1952304 N.Y. 474

Summary

The New York Court of Appeals affirmed the lower courts' denial of the defendants' motion to dismiss, holding that the amended complaint sufficiently alleged a cause of action against the Board of Elections members for damages arising from the wrongful rejection of a valid nominating petition. The Court further held that board members are not immune from liability for such wrongful acts even absent malice.