Matter of United States (Century Ind. Co.) , 282 N.Y. 95 ( 1940 )

Per Curiam.

The motion papers contain allegations sufficient to empower the court m 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.