ROYAL NORWEGIAN NAVY v. SMITH STEEL CO

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 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.