New York Consolidated Laws

N.Y. County Law § 51 (2026)

Actions by or against a county

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 51. Actions by or against a county. Actions or proceedings by or
against a county shall be in the name of the county.
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1995–2026 · leading case: City of New York v. State, 655 N.E.2d 649 (N.Y. 1995).
City of New York v. State, 655 N.E.2d 649 (N.Y. 1995). “Indeed, from early times municipalities have had the statutory general power to sue and be sued in their own name (see, People v Ingersoll, 58 NY 1, 28-31 ; see also, County Law § 51 [current authority for counties to sue in their own name]), but that power has always been…”
City of NY v. State of NY, 655 N.E.2d 649 (N.Y. 1995). “1, 28-31 ; see also , County Law § 51 [current authority for counties to sue in their own name]), but that power has always been limited "[i]n political and governmental matters [because] municipalities are the representatives of the sovereignty of the State, and auxiliary to…”
Rogers v. CPS, No. 5:20-cv-00075 (N.D.N.Y. Apr. 29, 2020). “10, 1995) (noting that a county agency is not a suable entity and that the county is the real party in interest); N.Y. County Law § 51 (“Actions or proceedings by or against a county shall be in the name of the county.”
Boyde v. McCarty, No. 9:21-cv-00837 (N.D.N.Y. July 28, 2021). “94-CV-5102, 1995 WL 14072 , at *1 (S.D.N.Y. Jan.10, 1995) (noting that the Westchester County Department of Corrections is not a legal entity and that the County of Westchester is the real party in interest); N.”
Murray v. Feldesin, No. 9:25-cv-00733 (N.D.N.Y. Sept. 11, 2025). “10, 1995) (noting that the Westchester County Department of Corrections is not a legal entity and that the County of Westchester is the real party in interest); N.Y. County Law § 51 ("Actions or proceedings by or against a county shall be in the name of the county.”
Cnty. of Westchester v. McKinsey & Co., 2026 NY Slip Op 50309(U) (N.Y. Sup. Ct., Suffolk Cty. 2026). “McKinsey does not claim that the State is empowered to sue on behalf of local municipalities whenever local municipalities have suffered independent financial harm that was not suffered by the State.”
Cnty. of Nassau v. Expedia, Inc., 41 Misc. 3d 626 (N.Y. Sup. Ct. 2013). “County Law § 51). Nor do the relevant statutes prohibit Nassau from bringing a class action.”
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