Flagg v. Swift

Summary

The New York Supreme Court considered whether individual members of an organized, unincorporated association could be sued initially for rent owed by the association. It held that, under the governing statute and Code of Civil Procedure § 1919, the action had to be brought against the association's president or treasurer rather than individual members, and it reversed the judgment and granted a new trial.

Holdings

1. When an unincorporated association consists of seven or more persons, has a president or treasurer, and is organized with bylaws, an action for an association liability cannot be maintained in the first instance against individual members; the action must instead be brought against the association's president or treasurer as prescribed by Code of Civil Procedure section 1919.

Questions Presented

1. Whether individual members of an unincorporated association consisting of seven or more persons may be sued in the first instance for a liability incurred by the association when the association has a president or treasurer.
2. Whether the judgment against the individual members should stand under Code of Civil Procedure section 1919.

Disposition

reversed_and_remanded