Opinion
June, 1935.
Order denying motion for leave to serve a supplemental complaint to bring in a general administratrix appointed in the State of New Jersey affirmed, without costs. Neither the original nor the proposed plaintiff has capacity to sue in this State. ( Petersen v. Chemi al Bank, 32 N.Y. 21; Helme v. Buckelew, 229 id. 363; Wikoff v. Hirschel, 258 id. 28.) It would be futile to bring in a general administrator for the purpose of collecting a judgment which cannot be had. The case is unlike that of Ferguson v. Harder ( 141 Misc. 466), wherein the administratrix qualified in this State before seeking to amend the complaint. Lazansky, P.J., Young, Hagarty, Carswell and Scudder, JJ., concur.