N.Y. Laws » CHAPTER General Associations / ARTICLE Action or Proceeding By or Against Unincorporated Associations
New York Consolidated Laws

N.Y. General Associations Law § 13 (2026)

Action or proceeding against unincorporated association

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar 
§ 13.  Action or proceeding against unincorporated association.  An
action or special proceeding may be maintained, against the president or
treasurer of such an association, to recover any property, or upon any
cause of action, for or upon which the plaintiff may maintain such an
action or special proceeding, against all the associates, by reason of
their interest or ownership, or claim of ownership therein, either
jointly or in common, or their liability therefor, either jointly or
severally.  Any partnership, or other company of persons, which has a
president or treasurer, is deemed an association within the meaning of
this section.
  The service of summons, subpoena or other legal process of any court
upon the president, vice president, treasurer, assistant treasurer,
secretary, assistant secretary, or business agent, in his capacity as
such, shall constitute service upon a labor organization.  Such service
shall be made on such individuals in the manner provided by law for the
service of a summons on a natural person.
Notes of Decisions
Cited in 34 cases (19 in the last 5 years), 1976–2025 · leading case: Palladino v. CNY Centro, Inc., 12 N.E.3d 436 (N.Y. 2014).
Sort: Relevance Newest Treatment
Palladino v. CNY Centro, Inc., 12 N.E.3d 436 (N.Y. 2014). · cites it 4× “That statute, General Associations Law § 13, is entitled “Action or proceeding against unincorporated association” and provides: “An action or special proceeding may be maintained, against the president or treasurer of such an association, to recover any property, or upon any…”
Salemeh v. Toussaint, 25 A.D.3d 411 (N.Y. App. Div. 1st Dep't 2006). · cites it 3× “at 281, quoting General Associations Law § 13). In conclusion, the Court explained that under General Associations Law § 13, “for better or worse, wisely or otherwise, the Legislature has limited such suits against association officers [in their representative capacity], whether…”
Makhnevich v. Bd. of Mgrs. of 2900 Ocean Condo., 2023 NY Slip Op 03548 (N.Y. App. Div. 1st Dep't 2023). · cites it 2× “As the motion court found, this is not proper service on an unincorporated association under General Associations Law § 13, which requires service of process on an officer of the unincorporated association "in the manner provided by law for the service of a summons on a natural…”
Bitterman v. Herricks Teachers' Ass'n., 220 A.D.2d 473 (N.Y. App. Div. 2d Dep't 1995). · cites it 2× “The Supreme Court granted these motions on Statute of Limitations grounds and also noted that General Associations Law § 13 also permitted the dismissal of the action as against the union.”
Safe Haven Props. LLC v. Madison Green Condo., 124 N.Y.S.3d 24 (N.Y. App. Div. 1st Dep't 2020). · cites it 2× “Plaintiffs properly named Lozano as a party to this action in her capacity as representative of Madison Green Condominium (Condo), an unincorporated association ( see CPLR 1025; General Associations Law § 13; Martin v Curran , 303 NY 276, 280-281 [1951]).”
Tahari v. 860 Fifth Ave. Corp., 244 N.Y.S.3d 534 (N.Y. App. Div. 1st Dep't 2025). · cites it 2× “Condominium v Maguire , 191 AD3d 25, 28 [1st Dept 2020]), General Associations Law § 13 does not apply.”
Pascual v. Rustic Woods Homeowners Assn., Inc., 134 A.D.3d 1006 (N.Y. App. Div. 2d Dep't 2015). “General Associations Law § 13 provides: “An action or special proceeding may be maintained, against the president or treasurer of such an association, to recover any property, or upon any cause of action, for or upon which the plaintiff may maintain such an action or special…”
Markewich v. Adikes, 422 F. Supp. 1144 (E.D.N.Y 1976). “Accordingly, defendants’ motion to dismiss that portion of the complaint asserting a claim under section 14(a) and Rule 14a-9 is granted. IV. BTMI’s motion to dismiss the non-federal claims asserted against it is denied.”
Chestnut v. United Methodist Church, 2024 NY Slip Op 03726 (N.Y. App. Div. 2d Dep't 2024). · cites it 3× “intained, against the president or treasurer" of an "unincorporated association" "upon any cause of action, for or upon which the plaintiff may maintain such an action or special proceeding, against all the associates, by reason of their interest or ownership, or claim of…”
L & L Assocs. Holding Corp. v. Charity United Baptist Church, 34 Misc. 3d 355 (2011). · cites it 2× “) Consequently, if an unincorporated church (or other unincorporated association) is to be sued in a proceeding to recover property, or upon any other cause of action, the lawsuit must be maintained against a representative natural person, such as “the president or treasurer” of…”
Chinuch v. Congregation Lubavitch, Inc., 2024 NY Slip Op 24017 (N.Y. App. Term. 2024). “The only way to bring a special proceeding against an unincorporated association is to bring it "against the [*2]president or treasurer of such an association" (General Associations Law § 13; see CPLR 1025), unless the petitioner wishes to name each member of the association (…”
People v. Newspaper & Mail Deliverers' Union of New York & Vicinity, 250 A.D.2d 207 (N.Y. App. Div. 1st Dep't 1998). “Second, the majority opinion in Martin , discussing General Associations Law § 13, found that “for better or worse, wisely or otherwise, the Legislature has limited such suits * * * to cases where the individual liability of every single member can be alleged and proven.”
Show all 34 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.