Silberfeld v. Swiss Bank Corp.

The defendant Swiss Bank Corporation has moved for an order dismissing the complaint or in the alternative to strike out each of the two causes of action on the ground of insufficiency.

The action is for an accounting by the plaintiff individually and as administratrix. Although, it is expressly alleged in the complaint that plaintiff was duly appointed administratrix in the Surrogate’s Court of the County of New York, the defendant contends that since the decedent died in Paris, France, she is in fact an ancillary administratrix without the capacity to maintain this action. There is no…