New York Court of Appeals, 1948

In re the Arbitration Between Motor Haulage Co. & International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Truck Drivers & Chauffeurs Local No. 807

New York Court of Appeals · Decided July 16, 1948 · Loughran, Lewis, Desmond, Thacher, Dye, Conway

81 N.E.2d 91; 298 N.Y. 208; 1948 N.Y. LEXIS 820; 22 L.R.R.M. (BNA) 2371 (North Eastern Reporter, Second Series)

Cases that cite this one

17 later published cases cite this decision.

Klinghoffer v. S.N.C. Achille Lauro Ed Altri-Gestione Motonave Achille Lauro in Amministrazione Straordinaria (District Court, S.D. New York 1993)
Markewich v. Adikes (District Court, E.D. New York 1976)
Braddick v. Federation of Shorthand Reporters (District Court, S.D. New York 1953)
Chinuch v. Congregation Lubavitch, Inc. (Appellate Terms of the Supreme Court of New York 2024)
Chinuch v. Congregation Lubavitch, Inc. (Appellate Terms of the Supreme Court of New York 2024)
L & L Associates Holding Corp. v. Charity United Baptist Church (Nassau County District Court 2011)
Montalvo v. Bakery & Confectionery Workers International Union of America Local No. 3 (Appellate Division of the Supreme Court of New York 1988)
Baker v. Board of Education of West Irondequoit Central School District (Appellate Division of the Supreme Court of New York 1986)
August Bohl Contracting Co. v. IUE, AFL-CIO District No. 3 (Appellate Division of the Supreme Court of New York 1980)
Miller v. Student Ass'n of State University (Appellate Division of the Supreme Court of New York 1980)
Central School District No. 1 v. Susquehanna Valley Teachers' Ass'n (Appellate Division of the Supreme Court of New York 1974)
Fairfield Lease Corp. v. Empire Employees Sunshine Club (Nassau County District Court 1973)
United Mineral & Chemical Corp. v. United Mechanics' Union, Local 150 F (New York Supreme Court 1964)
32nd Street Delicatessen, Inc. v. Culinary Workers Union, Local No. 923 (New York Supreme Court 1957)
In re the Arbitration between Western Union Telegraph Co. & Commercial Telegraphers' Union (New York Supreme Court 1954)
Gerlach v. Good Government Republican Club (New York Supreme Court 1953)
Shapiro v. Gordon (New York Supreme Court 1949)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

In this State an action or special proceeding may not be maintained nor may judgment be entered against an unincorporated association in its proper name. In a case where the complaint or notice of motion commencing a special proceeding is served upon the president or treasurer of an association, the failure to designate that person in his representative capacity as the defendant or respondent is an irregularity which may be corrected in the absence of prejudice to a substantial right of any party (Civ. Prae. Act, § 105; Yeager v. Co-operative Fire Underwriters Assn., 243 App. Div. 743). We find no other error.

The judgment of the Appellate Division and order of Special Term should be reversed and the matter remitted to Special Term for further proceedings not inconsistent with this opinion, with costs in all courts to abide the event.

LoughraN, Ch. J., Lewis, DesmoNd, Thacher, Dye and JJ., concur; CoNWAY, J., taking no part.

Judgment reversed, etc.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.