As matter of law, upon the undisputed facts disclosed in the record, Kaiv, the Acting Consul General of Estonia, was vested with authority to make, through Messrs. Kirlin, Campbell, Hiekox, Keating & McGrann, his attorneys, on behalf of the defendant, the motion which resulted in the order appealed from. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.