Kirkman v. Westchester Newspapers, Inc.

The complaint in this action for libel alleges seventeen causes of action. The first cause of action is alleged on behalf of Local Union No. 3 of the International Brotherhood of Electrical Workers. The local is an unincorporated association of approximately 17,000 members. The appellants maintain that the complaint, in so far as the local is concerned, should be dismissed as it has no standing in law to prosecute the action.

Section 12 of the General Associations Law provides that an unincorporated association may maintain by its president or treasurer any cause of action which all the…