Wiener v. Specific Pharmaceuticals, Inc.
New York Court of Appeals
I. Plaintiff, an administrator appointed by the Probate Court of Michigan, does not have legal capacity to sue in the courts of New York. (Helme v. Buckelew, 229 N. Y. 363; Wikoff v. Hirschel, 258 N. Y. 28; Baldwin v. Powell, 294 N. Y. 130, 840; Maysville St. B. B. & Transfer Co. v. Marvin, 59 F. 91; Lichtenstern v. Augusta-Aiken By. Corf., 165 App. Div. 270; Loucks v. Standard Oil Co., 224 N. Y. 99; Slater v. Mexican Nat.
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I. Plaintiff, an administrator appointed by the Probate Court of Michigan, does not have legal capacity to sue in the courts of New York. (Helme v. Buckelew, 229 N. Y. 363; Wikoff v. Hirschel, 258 N. Y. 28; Baldwin v. Powell, 294 N. Y. 130, 840; Maysville St. B. B. & Transfer Co. v. Marvin, 59 F. 91; Lichtenstern v. Augusta-Aiken By. Corf., 165 App. Div. 270; Loucks v. Standard Oil Co., 224 N. Y. 99; Slater v. Mexican Nat. B. B. Co., 194 U. S. 120; Moore v. Mitchell, 281 U. S. 18; Furst v. Fargason Co., 287 F. 306; Aleksiak v. Lehigh Valley B. B. Co., 245 App. Div. 722; Hopper Hopper, 125 N.…
1Opinion of the CourtPuld, J.
Patricia Ann Wiener, then five years old, died in 1945, in Detroit, Michigan, where she had lived with her parents, her only next of kin. Her father was appointed administrator by a Michigan court and some time later, in January, 1948, brought this action to recover damages for the infant’s wrongful death, allegedly occasioned by one of defendant’s pharmaceutical products which had been administered to the child.
Defendant’s motion to dismiss the complaint on the ground, that plaintiff lacked standing to sue 'in our courts was denied by the court at Special Term, and its order was unanimously…
2Cases cited14 opinions
- Cooper v. American Airlines, Inc.Court of Appeals for the Second Circuit · 1945
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Reilly v. Antonio Pepe Co.Supreme Court of Connecticut · 1928
- In Re Olney's EstateMichigan Supreme Court · 1944
- Baldwin v. PowellNew York Court of Appeals · 1945
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3Cited by42 opinions
- Leighton v. RoperNew York Court of Appeals · 1950
- Burns v. Van LaanMichigan Supreme Court · 1962
- MacDonald v. QuimbyMichigan Supreme Court · 1957
- Janes v. Sackman Bros. Co.Court of Appeals for the Second Circuit · 1949
- Holt v. MiddlebrookCourt of Appeals for the Fourth Circuit · 1954
37 more not listed; retrieve them via the Exa API.