Argentine Airlines v. Aircraft Dynamics Corp.

Defendant moves to dismiss the amended complaint pursuant to rule 106 (subds. 1, 2) and rule 107 (subds. 1, 2) of the Rules of Civil Practice. Only so much of the motion as is based on subdivision 2 of rule 106 need be passed upon. A previous motion under that provision addressed to the original complaint was granted by Mr. Justice Spector (N. Y. L. J., May 29, 1957, p. 6, col. 4). In the original complaint it was alleged that plaintiff was “ an agency of the Ministry of Transport of the Republic of Argentina ”. Mr. Justice Spector sustained, on the authority of Royal Norwegian Navy v. Smith…