RITZER v. ELLIOTT


73 Misc.2d 252 (1973)

George L. Ritzer, Petitioner, v. Nathaniel Y. Elliott, Respondent.

Supreme Court, Chautauqua County.

March 26, 1973


Attorney(s) appearing for the Case

Edwin J. Kuzdale for petitioner. Brandt & Laughlin, P. C. (R. Bard Schaack of counsel), for respondent.


WILLARD W. CASS, JR., J.

This is a proceeding by the petitioner pursuant to article 14 of the Election Law to enjoin respondent's use of the Democratic emblem of a star in campaign literature, signs, and advertising matter.

The petitioner claims that the respondent's use of the star, which is the Democratic emblem, in political advertising is calculated to deceive, mislead, confuse, and defraud the voters of Chautauqua County who normally vote...

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