Pacer International Corp. v. Otter Distributing Co.

This is a motion by plaintiff for an order substituting the foreign executors of John M. Otter, a deceased nonresident defendant, for Otter, and for incidental relief.

The motion is opposed on the ground that foreign executors may not be sued in the courts of this State. It is claimed that there are no assets of the deceased’s estate in New York. It is also urged that the controlling contract was executed by Otter in Pennsylvania and that ‘ ‘ there is nothing to indicate that the guaranty provisions were to be performed in New York ”.

In Leighton v. Roper (300 N. Y. 434) it was held that,…