Opinion

Wang v. United States Medical License Examination Secretariat

  • 206 F. App'x 67
Court
Court of Appeals for the Second Circuit
Filed
Nov 21, 2006
Status
Published
On the bench
Hall, Hon, Katzmann, Wesley
Cited by
0 cases
Authority
More cited than 12.8%

The opinion

SUMMARY ORDER

Plaintiff-appellant Michael J. Wang, pro se, appeals from a judgment of the United States District Court for the Eastern District of New York (Seybert, J.) granting the defendants-appellees’ motion to dismiss his action for lack of capacity. We assume the parties’ familiarity with the underlying facts and procedural history.

The district court was correct to dismiss Wang’s suit, as the named defendant, United States Medical Licensing Examination (“USMLE”), lacked the capacity to sue or be sued under applicable New York state law. See Community Bd. 7 of Borough of Manhattan v. Schaffer, 84 N.Y.2d 148, 155-56 , 615 N.Y.S.2d 644 , 689 N.E.2d 1 (1994). USMLE is neither a business organization nor a governmental entity, or, for that matter, an organization at all, and is certainly an artificial entity, i.e. not a natural person. There is no New York statutory authority delineating the USMLE’s, or any similar entity’s, power *68 to sue or be sued, and thus no such power exists.

Accordingly, and for the foregoing reasons, the judgment of the district court is hereby AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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