Royal Norwegian Navy v. David Smith Steel Co.

185 Misc. 880 | N.Y. App. Term. | 1945

Per Curiam.

Since the moving papers establish that the plaintiff is an agency of a foreign government and is neither a person nor a corporation, it has no legal capacity to sue (Telkes v. Hungarian National Museum, 265 App. Div. 192; MacAffer v. Boston & Maine Railroad, 242 App. Div. 140, 145, revd. on ather grounds, 268 N. Y. 400).

The order should be reversed, with $10 costs, and motion granted.

McLaughlin, Eder and Hecht, JJ., concur.

Order reversed, etc.