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MATTER OF GOV'T EMPLOYEES INS. CO. v. ESTATE OF SOSNOV

244 A.D.2d 485 (1997)

664 N.Y.S.2d 608

In the Matter of Government Employees Insurance Company, Respondent, v. Estate of Makhail Sosnov, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 17, 1997

Ordered that the appeal is dismissed, with costs, and the order is declared to be a nullity.

An action cannot be maintained against a party who is not a natural or artificial person having legal capacity to be sued (see, MacAffer v Boston & Me. R. R., 242 App Div 140, 144-145, affd 268 N.Y. 400; 59 Am Jur 2d, Parties, § 42; 67A CJS Parties § 41). A proceeding to permanently stay arbitration...

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