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PACER INT'L v. OTTER DISTR.

51 Misc.2d 737 (1966)

Pacer International Corp., Plaintiff, v. Otter Distributing Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 5, 1966

Attorney(s) appearing for the Case

Bachner, Tally & Mantell (Simeon Brinberg of counsel), for plaintiff. Deckert, Price & Rhoads for First Penn. Banking and Trust Co., as coexecutor of John M. Otter, deceased. Donovan Leisure Newton & Irvine (John J. McCann of counsel), for Otter Distributing Co., Inc., defendant.

ABRAHAM J. GELLINOFF, J.

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...

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