CONFLICT OF LAWS-SUIT BY FOREIGN ADMINISTRATOR UNDER WRONGFUL DEATH ACT OF HIS STATE

Plaintiff, an administrator appointed by a Michigan court, brought action in New York to recover for the wrongful death in Michigan of his infant daughter. Defendant moved to dismiss on the ground that a foreign administrator had no standing to sue in New York without first obtaining ancillary letters. Held, motion denied. A foreign administrator, suing as a statutory trustee, is entitled to maintain action in New York on the strength of his original letters.

Wiener v. Specific Pharmaceuticals, Inc., 298 N.Y. 346, 83 N.E. (2d) 673 (1949).