Opinion
November 2, 1945.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, KELEHER, J.
Joseph P. Carey for appellant.
Max J. Gwertzman for respondent.
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 A.D. 192; MacAffer v. Boston Maine Railroad, 242 A.D. 140, 145, revd. on other 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.