N.Y. Laws » CHAPTER General Construction / ARTICLE Classification of Corporations and Definitions
New York Consolidated Laws

N.Y. General Construction Law § 65 (2026)

Classification of corporations

✓ current as of May 2026
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§ 65. Classification of corporations. a. A corporation shall be
either,
  1. A public corporation,
  2. A corporation formed other than for profit, or
  3. A corporation formed for profit.
  b. A public corporation shall be either,
  1. A municipal corporation,
  2. A district corporation,
  3. A public benefit corporation.
  c. A corporation formed other than for profit shall be either,
  1. A religious corporation,
  2. An education corporation,
  3. A cooperative corporation,
  4. A not-for-profit corporation, or
  5. Any other corporation formed other than for profit which is not a
public corporation. A reference in a general law to a class of
corporations described in accordance with this classification shall
include all corporations belonging to such class.
  d. A corporation formed for profit shall be either,
  1. A business corporation,
  2. A moneyed corporation,
  3. A railroad corporation,
  4. A transportation corporation, or
  5. A benefit corporation.
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1988–2025 · leading case: Roslyn Union Free Sch. Dist. v. Barkan, 950 N.E.2d 85 (N.Y. 2011).
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Roslyn Union Free Sch. Dist. v. Barkan, 950 N.E.2d 85 (N.Y. 2011). · cites it 3× “General Construction Law § 65 (a) (1) defines the term “corporation” as referring to, among other entities, a “public corporation.”
Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.), 89 N.E.3d 1227 (2017). “There are three types of public corporations: municipal corporations, district **554 corporations and public benefit corporations ( see General Construction Law § 65[b] ). A public benefit corporation is "a corporation organized to construct or operate a public improvement…”
East Meadow Union Free Sch. Dist. v. New York State Div. of Human Rights, 65 A.D.3d 1342 (N.Y. App. Div. 2009). · cites it 2× “Pursuant to General Construction Law § 65 (a), a corporation is either a public corporation, a corporation formed other than for profit, or a corporation formed for profit (see General Construction Law § 65 [a] [1]); it cannot be more than one of these.”
Ithaca City Sch. Dist. v. New York State Div. of Human Rights, 87 A.D.3d 268 (N.Y. App. Div. 2011). · cites it 3× “Petitioner argues that a strict reading of General Construction Law §§ 65 and 66 leads to the conclusion reached by the Second Department that a public school district is not an “education corporation or association” for purposes of the Human Rights Law and is, therefore, immune…”
North Syracuse Cent. Sch. Dist. v. New York State Div. of Human Rights, 973 N.E.2d 162 (N.Y. 2012). “On the other hand, application of the General Construction Law is problematic, however, because the provision at issue in the Executive Law was enacted 15 years prior to General Construction Law §§ 65 and 66—the provisions upon which the Appellate Division relied on in East…”
Matter of Exec. Cleaning Servs. Corp. v. New York State Dept. of Labor, 2021 NY Slip Op 00461 (N.Y. App. Div. 2021). “An "education corporation" is a type of [*6]corporation formed for reasons "other than for profit" (General Construction Law § 65 [c] [2]), whereas a "school district" is a type of "municipal corporation" (General Construction Law § 66 [1], [2]).”
Jo & Wo Realty Corp. v. City of New York, 140 Misc. 2d 154 (N.Y. Sup. Ct. 1988). “However, the NYCTA and the TBTA are public benefit corporations, which are classified as public corporations under General Construction Law § 65 (b). Therefore as a matter of law, the second cause of action fails.”
People of the Town of N. Hempstead v. Mineola Union Free Sch. Dist., 2025 NY Slip Op 51401(U) (2025). · cites it 9× “, art 10, § 5 [describing a school district as a "public corporation", terminology identical to that appearing in General Construction Law § 65(a)(1)]; Public Authorities Law § 1266(8) ["Except as hereinafter specifically provided, no municipality or political subdivision,…”
Pjetri v. New York City Health & Hospitals Corp., 147 Misc. 2d 636 (N.Y. Sup. Ct. 1990). “Additionally, as a public benefit corporation (see, Brennan v City of New York, 59 NY2d 791 [1983]; see, General Construction Law §§ 65, 66), it is a public corporation to which the general interest of 9% applies (see, McKinney’s Uncons Laws of NY § 2501 [L 1939, ch 585, as…”
The Matter of World Trade Ctr. Lower Manhattan Disaster , Site Litig.. (N.Y. 2017). “There are three types of public corporations: municipal corporations, district corporations and public benefit corporations (see General Construction Law § 65[b]). A public benefit corporation is "a corporation organized to construct or operate a public improvement wholly or…”
Wilcox v. Fishers Island Ferry Dist. (D. Conn. 2021). “26 (alleging that FIFD is a public corporation under New York General Construction Law §§ 65(b)(2) and 66(3)).”
N.Y. General Construction Law § 65(a)(1): 1 case
People of the Town of N. Hempstead v. Mineola Union Free Sch. Dist., 2025 NY Slip Op 51401(U) (2025). “, art 10, § 5 [describing a school district as a "public corporation", terminology identical to that appearing in General Construction Law § 65(a)(1)]; Public Authorities Law § 1266(8) ["Except as hereinafter specifically provided, no municipality or political subdivision,…”
N.Y. General Construction Law § 65(b)(1): 1 case
People of the Town of N. Hempstead v. Mineola Union Free Sch. Dist., 2025 NY Slip Op 51401(U) (2025). “, art 10, § 5 [describing a school district as a "public corporation", terminology identical to that appearing in General Construction Law § 65(a)(1)]; Public Authorities Law § 1266(8) ["Except as hereinafter specifically provided, no municipality or political subdivision,…”
N.Y. General Construction Law § 65(b)(2): 1 case
Wilcox v. Fishers Island Ferry Dist. (D. Conn. 2021). “26 (alleging that FIFD is a public corporation under New York General Construction Law §§ 65(b)(2) and 66(3)).”
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