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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2998
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I am a member of a membership organization, tax exempt under

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I am a member of a membership organization, tax exempt under 501(c)(7) located in New York State. It is not complying with N.Y. NPC. "LAW § 608 : NY Code - Section 608: Quorum at meeting of members" My question is, who if anyone, enforces that law? I think the AG is only interested in non-profits that are charities, and even then they don't get involved in election issues.


If § 608 is not being complied with, any member of the organization would have grounds to bring a civil lawsuit against the organization to invalidate any action or election taken at that meeting. So, it is really up to the members of the organization who are aggrieved by the non-compliance with § 608 to enforce § 608. And this is done by bringing a civil lawsuit against the organization, and the New York Courts in such a lawsuit would have the power to invalidate an election (for example) and order a new election which complies with § 608.

Customer: replied 3 years ago.

Thank you for answering my question. Exactly which court would I sue in?

Customer: replied 3 years ago.

Please let me know what court I need to sue in. I will give you an excellent rating.

You would sue in the New York State Supreme Court, which, despite it name "Supreme Court," is actually New York's lowest level court of general trial jurisdiction (New York's highest court is called the "Court of Appeals"). And you would bring the action in the county in which the organization is located. Each county in New York has its own Supreme Court branch.

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