Motta v. Schmidt Manufacturing Corp.

The plaintiffs administratrix is appealing the dismissal under Mass.R.Civ.P. 25(a)(1), 365 Mass. 771 (1974), of her late husband’s shareholder derivative claim on behalf of the defendant corporation and breach of duty action against the corporation’s majority shareholder. The complaint was dismissed upon motion, by the defendants who claimed that the administratrix failed to seek timely substitution of herself as a party plaintiff following the plaintiffs death in 1991. The defendants’ motion was filed in response to the administra-trix’s motion for substitution under Mass.R.Civ.P. 25(a)(1),…