Hoffman v. Cohen

HOLLAND, Justice:

In this appeal, the appellants-plaintiffs below, Pamela J. Hoffman and Warren S. Hoffman (“the Hoffmans”), argue that the Superior Court erred in dismissing their complaint. The basis for the Superior Court's dismissal was its conclusion that the Hoffmans had filed an untimely motion, pursuant to Superior Court Civil Rule 25, for the substitution of a party following the death of the appellee-defendant below, Roland F. Cohen (“Cohen”). In reaching its decision, the Superior Court expressly declined to follow the line of federal cases interpreting Rule 25 of the Federal Rules…