Sutila v. New York Central Railroad

This is a motion made by the defendant to dismiss the complaint upon the ground that the New York State court has no jurisdiction of the cause of action since it appears that the plaintiff lacks the legal capacity to sue, and also upon the ground that the complaint fails to state facts sufficient to constitute a cause of action.

*562The defendant urges that a foreign administratrix has no capacity to sue in this State. The question has been left open by the Court of Appeals. (Wikoff v. Hirschel, 258 N. Y. 28.) It appears in the present ease that the plaintiff is the widow of one Joseph Sutila, who…