Opinion
Argued January 8, 1940
Decided January 23, 1940
Appeal from the Supreme Court, Appellate Division, First Department, SCHMUCK, J.
Leo T. Kissam and J. Francis Hayden for appellant.
John T. Cahill, United States Attorney ( Richard Delafield of counsel), for respondent.
The motion papers contain allegations sufficient to empower the court in its discretion to grant to the United States leave to sue. We pass on no other question. Whether on the facts and the law the United States has a cause of action must await trial of the action.
The order should be affirmed, with costs.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.
Order affirmed.