The following excerpt is from Locke Associates, Inc. v. Foundation for Support of United Nations, 173 Misc.2d 502, 661 N.Y.S.2d 691 (N.Y. City Ct. 1997):
3 Such an action should be brought in the name of the officer as a representative of the association, rather than in the name of the association only. Where, as here, the defect is nonprejudicial, it is not fatal, and can be corrected. See Stephentown Concerned Citizens v. Herrick, 223 A.D.2d 862, 864 n. 2, 636 N.Y.S.2d 470, 471 n. 2.
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