Faiello v. Li Castri

This is a motion by defendants for an order dismissing the complaint pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice upon the ground that plaintiff does not have legal capacity to sue.

The complaint alleges, in substance, that one Harry Li Castri, who was the holder and owner of record of all the outstanding stock of the two defendant corporations, died intestate, a resident of the State of New York, on September 22, 1955, leaving him surviving a widow and six children; that letters of administration were issued to deceased’s widow on October 19, 1955 by the Surrogate of…