Two or more persons conducting a business as a partnership may sue or be sued in the partnership name, and actions may be brought by or against the president or treasurer of an unincorporated association on behalf of the association in accordance with the provisions of the general associations law.
§ 1025.Partnerships and unincorporated associations
Article 10. Parties Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1025 lets a partnership sue or be sued in its own name rather than joining every partner individually, and lets an unincorporated association's president or treasurer sue or be sued on the association's behalf.
Full Text of CPLR 1025
Plain-English Summary
Partnerships and unincorporated associations don't have the separate legal personhood a corporation has, which raises a practical question: who represents the entity in court? CPLR 1025 answers it for two common structures. Two or more people conducting a business as a partnership can sue or be sued in the partnership's own name, without needing to join every individual partner as a named party.
Unincorporated associations get a different mechanism, tied to the General Associations Law. Rather than suing in the association's own name, actions by or against an unincorporated association proceed through its president or treasurer, acting on the association's behalf. That officer stands in for the group as a whole.
Both routes serve the same purpose CPLR 1004 serves for fiduciaries: letting an entity that lacks full corporate status still litigate efficiently, without forcing every member or partner into the caption as an individually named party.
Frequently Asked Questions
Can a partnership sue in its own name in New York?
Yes. CPLR 1025 lets two or more people conducting a business as a partnership sue or be sued in the partnership's own name, without joining each partner individually.
How does an unincorporated association sue or get sued in New York?
Under CPLR 1025, actions by or against an unincorporated association are brought by or against its president or treasurer on the association's behalf, in accordance with the General Associations Law.
Do I have to name every partner individually to sue a partnership in New York?
No. CPLR 1025 allows a lawsuit against the partnership in its own name, sparing you from having to identify and join each individual partner.
Who represents an unincorporated association in a New York lawsuit?
CPLR 1025 designates the association's president or treasurer as the representative who sues or is sued on the association's behalf.
What law governs suits against unincorporated associations referenced in CPLR 1025?
CPLR 1025 ties the procedure for suing an unincorporated association's president or treasurer to the provisions of the General Associations Law.
Advisory Committee Notes
This section is a restatement of former provisions with no substantial change. See CPA § 222-a; Gen Asso Law §§ 12, 13. Article 10 seems a logical place in which to look for such provisions and hence they have been included here. Certain matters in connection with actions against partners and joint debtors were considered by the Judicial Council in 1945. See 11 NY Jud Council Rep 40, 221 (1945). As a result of this study, CPA § 222-a was enacted, § 229-a was repealed and §§ 1185, 1187–89 and 1197–1201 were amended. See 12 NY Jud Council Rep 23 (1946). Attention should be called to § 232 of the Debtor and Creditor Law (judgment against one obligor does not release others), which is the key substantive provision on the subject. It has been concluded that these provisions and also CPA § 475, dealing with judgments against persons severally liable, do not come within the scope of Articles 6 or 10, except for the provisions of this section and of sections 1001 and 1002 dealing with joinder of parties. As to the latter, see Greenleaf v Safeway Trails, Inc. 140 F2d 889 (2d Cir 1944). However, these various provisions of the former New York law are considered in connection with Articles 3 and 50, and also with the preservation of the substantive provisions now found in the CPA.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1025 New Yorksuing a partnership New Yorkunincorporated association lawsuit New Yorkpartnership sued in its own name New Yorkgeneral associations law lawsuit New Yorkpresident treasurer sue on behalf of associationNew York civil procedure partnership party